Does Refusing a Breath Test Make Matters Worse?
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Are you worried that refusing a breath test after a DUI stop could make matters worse for your case? Check out this video and then call us.
Question:
Does refusing a breath test make matters worse?
Answer:
In the state of Maryland, you have a right, an absolute right, to refuse the breath test. There are consequences that come from the refusal of the breath test. Mostly those consequences occur at the Motor Vehicle Administration. There are different penalties that get imposed for refusing a breath test versus taking a breath test and having a certain score. However, when you come to court, generally the refusal is good for you because there is no evidence of your breath alcohol content. Many people refuse for all sorts of reasons. The simple fact that you refuse to take a breath test may not be related to trying to hide your breath alcohol content. It could be for all different types of reasons.
For instance, in the state of Maryland, if you try to provide a sample of breath and you’re not capable of doing that, for instance, you have asthma and you’re having an asthmatic incident and as a result you’re not able to give a breath sample, that sample may be recorded as an insufficient sample. If it’s recorded as an insufficient sample, the police officers will charge you with a refusal. If that is the case, you are going to need a qualified DUI attorney to help you find that defense and present that defense both at the Motor Vehicle Administration and also in court. If you’re able to do so successfully, it may result in no action against you at the Motor Vehicle Administration, you may retain your license and your ability to drive, plus you might be acquitted in a court of law.
Have you been arrested for DUI in Maryland and have questions about how refusing a breath test could make matters worse? Contact our experienced Maryland DUI attorneys to fight for you.