Maryland DWI Lawyer Explains Refusal of Breath Tests in Maryland

Implied Consent Law In Maryland

Implied consent can be a difficult concept for a lot of Maryland drivers to wrap their brains around. The law, which exists in some form in most states, says that if you have signed up for a Maryland driver’s license you have automatically given police permission to test your blood for the presence of drugs or alcohol if an officer believes you are under the influence.

What does the implied consent law say?

Maryland’s implied consent law says that if a person charged with a drunk driving offense, including DWI or DUI, refuses to submit to a blood, breath, or urine test to determine the drug or alcohol content of his or her blood, he can and will be charged with an implied consent violation.

When does the implied consent decision arise?

If a police officer has probable cause to believe you were driving under the influence then you will likely be arrested. Once you have been arrested, the officer will ask you to submit to a chemical test to determine your level of intoxication (though this request can also occur prior to an arrest). The officer will then explain that your license will be suspended if you refuse to submit to a chemical test. The decision is then up to you.

What happens if you refuse to submit to a test?

Though you are allowed to refuse to take a chemical test in Maryland, you should understand that the implied consent law means that you agree to certain automatic penalties in the event of a refusal. In Maryland, if you refuse to submit to a chemical test your license will be automatically suspended for 120 days for your first refusal. Any subsequent violation of the state’s implied consent law means that you will lose your license for one year.

Need help with a Maryland traffic ticket or drunk driving offense? Call me at 301-563-9575 or 1-877-566-2408 for a free consultation. I’m an experienced Maryland criminal defense lawyer and I’d be happy to help. I practice law throughout the entire State of Maryland.