In the state of Maryland, a breathalyzer test is one of the ways that law enforcement officers will determine whether or not you are intoxicated while driving. During a DUI or DWI stop, the officer will typically ask you to complete a breathalyzer test. There are consequences for refusing the test or if you fail a breathalyzer test.
What Does Implied Consent Mean?
Maryland has an implied consent law, which means that anyone who is driving a vehicle is consenting to take a breathalyzer or blood test if they are pulled over under suspicion of DWI or DUI. However, implied consent only matters if you were legally detained under suspicion of intoxicated driving.
What Happens if I Refuse a Breathalyzer Test?
Refusing to take a breathalyzer test will have severe consequences separate and apart from a possible DUI conviction in court. The officer will take your license and issue a temporary license (Order of Suspension) before forwarding the refusal information to the MVA. You have an absolute right to contest the suspension by timely requesting a hearing at the Office of Administrative Hearings, to prove why your license should not be suspended. It’s important to note you must request this hearing or you run the risk of having your license suspended on the 46th day after your license was confiscated. A hearing must be requested within 10 days to avoid your license being suspended while you await your hearing date. You have 30 days from the Order of Suspension to request an administrative hearing. For a first offense the suspension is 270 days. A second suspension results in a 2 year suspension.
What Happens if I Fail a Breathalyzer Test?
If you blow a positive result on your test, a .08 or greater, there are many different things that could happen. A street breath test, or Preliminary Breath Test (PBT), will determine your Blood Alcohol Content (BAC) at the time you are tested. However, a PBT is not reliable for court purposes, but can be used to give probable cause for an arrest. In many cases, you will then go to the police station to take another breathalyzer test that can be used against you. If you fail a breathalyzer test in this manner, you could be charged accordingly. It’s a good idea to contact your representation at Mobley & Brown, LLP immediately to determine your best legal options and protect you from the serious consequences of a DWI or DUI conviction.
Contact Mobley & Brown, LLP if You Fail a Breathalyzer Test
Whether you have been pulled over by police and you are concerned about what could happen after you fail a breathalyzer test or you need help considering what the best path forward is for you, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs. Call us now at (410) 385-0398.
