Should I Take The Breathalzyer Test in Maryland?

You’ve been pulled over by the police in Maryland, you may have had a few drinks (or not), and now you’ve been asked to take a breathalyzer test. Should you consent?

In Maryland you can REFUSE to take the test if requested by the police officer. If you refuse to take the test, however, here are the possible administrative consequences.

1. Suspension of license for 120 days (first time offender); one year suspension for subsequent offender.

2. Instead of a suspension, you can install an interlock device in your car for one year.

At the MVA hearing (that should be requested within 10 days of being pulled over), you may have a legal defense in which case the Judge will rule “no action” and neither of these sanctions will apply. For example, if the officer failed to explain your rights (via DR-15 form) or did not properly fill out the paperwork, etc., etc.

If you decide to take the test, there could also be administrative consequences. These include:

1. A test result of .08 and less than .15 is a 45 day suspension of license for a first offense and a 90 day suspension for a subsequent offense. NOTE: At the hearing, a work restricted license could be requested and will often be granted for first time offenders.

2. The penalty for a test result of .15 or more is 90 days for a first offense and 180 days for a subsequent offense. In this case, the person would not be eligible for a work restricted license, but is eligible for the interlock device.

If you do not want to subject yourself to the inevitable administrative consequences listed above, it is probably advisable to consent to the test if you do not have any prior DUIs. The reason is that if the test is below .15, you have a good chance of being granted a work restricted license at the MVA hearing.

However, each individual situation is different and you can and should consult with an experienced Maryland DUI attorney prior to making that decision.

Charged with DUI in Maryland? I’m here to help. I have hundreds (maybe even thousands) of Maryland DUI and Maryland drunk driving cases. Give me a call for a no-cost, no obligation consultation.