Being pulled over under suspicion of drunk driving is a confusing and frightening experience. Of all the pressing issues a driver would face in a situation like this, determination of whether or not to take the breath test would top the list. Many would feel that refusing the test would put them in an increasingly better position to emerge uncharged in a drunk-driving case. In the state of Maryland, the situation is not quite as clear.
This article describes what goes on when you refuse a breath test in Maryland, what the consequences of refusal can be to your driving privileges and your DUI matter, and why counsel with an experienced DUI attorney is necessary.
Maryland’s Implied Consent Law Explained
In the state of Maryland, there is what’s considered an implied consent law. Essentially, by driving within the state, and the police have reason to believe that you’re operating the vehicle while under the influence, then an agreement has been made to submit to a breath test.
If the officer calls for a breath test, failing to comply will not resolve the issue. Instead, it sets off another set of consequences from the administration, apart from the conviction for the DUI offence.
A skilled anne arundel dui lawyer cases can explain the ramifications of the implied consent law within your case and what your choices are.
Immediate License Penalties for Refusing Breath Test
In the case of refusal to take a breath test in the state of Maryland, the most severe effect would be the automatic revocation of the driver’s license by the Motor Vehicle Administration. This will not involve the criminal case of the violator.
For most drivers:
- A first refusal can lead to a suspension of up to 270 days
- Another refusal may mean that there is a suspension of up to two years
Such sanctions will apply even if the DUI case is reduced or even dismissed. Many people are surprised to learn that failing a test will get a person harsher punishments for a license than when a person refuses a test.
An experienced severna park dui lawyer can assist in requesting a hearing and alternative options like ignition interlocks, if available.
Refusal does not prevent a DUI arrest
One of the major myths associated with drunk driving is that failing or refusing to take a breathalyzer is the signal that there is not enough evidence to charge someone with a DUI. Actually, police can still arrest you based on the observations they had made from the driving behavior, field sobriety tests, statements you have made, or physical manifestations of intoxication.
The prosecution could claim that refusal in itself is a sign of guilt. This can be overturned in court, but it will not prevent the prosecution from proceeding.
A seasoned Annapolis DUI lawyer will be aware of how breath test evidence is used as a trial tactic by the prosecution.
Refusal May Be Used as Evidence Against You in Court
In Maryland, refusal to take a breath test can be used against a DUI defendant. A case could be made that the prosecution proves you knew you were going to fail the test. This could have an impact upon a jury or judge hearing the case, dependent upon other evidence that may have already been presented.
A decent defense attorney would argue about how the refusal was interpreted and examine the validity of the stop, arrest, or police request to conduct testing.
An experienced Glen Burnie DUI lawyer can examine whether the police followed proper procedures as they should be followed and whether your rights are protected.
Impact on First vs. Subsequent DUI Charges
The penalty for failing the breath test may be even greater for those individuals with repeated incidents. In the state of Maryland, the penalties for those operating a vehicle under the influence and those with prior DUI offenses differ.
First-time offenders who do not submit may reduce their opportunity to participate in programs capable of preserving their operating privileges. It is essential to understand the impact of prior history upon making a determination of how to comply or challenge testing requests.
It is here that the intervention of an experienced anne arundel dui lawyer is extremely valuable.
Administrative Hearings and Strict Deadlines
Once you receive a refusal, you have a short period in which you may petition the Motor Vehicle Administration for a hearing. Miss this deadline, and you will be automatically denied your license without further recourse.
These cases involve technical and rapid proceedings. This is because proof of evidence is considered unique to these cases. The verdict affects you greatly.
An experienced severna park DUI lawyer can be there for you during such hearings to defend your right to operate a vehicle.
Long-Term Consequences Beyond the Courtroom
The consequences of a refusal to take a breath test may have legal consequences. The loss of a driving license may have implications in a person’s employment, family life, and financial affairs. High insurance costs, restricted mobility, and long-term record issues are the consequences.
For professionals, a DUI-related license issue can threaten career advancement or professional licensing. These broader consequences are often overlooked in the moment of refusal.
An experienced Annapolis DUI lawyer not only offers solutions to the immediate case but is cognizant of these longer-term consequences.
Why Legal Advice Should Be Given Early
The decision to decline a breath test always has to be taken carefully and not out of assumption or lightly. In fact, every DUI case is unique and the outcome will vary based on past offenses and jurisdiction.
The practice areas of FrizWoods LLC include DUI defense. The lawyers are well-versed with the manner in which the courts and prosecution in the state of Maryland handle refusing cases. The lawyers would look for loopholes within the case presented by the government.
Early legal advice may help you make the right decisions to otherwise prevent a situation from spiraling further out of control, especially if you are already facing a severe situation.
Making Sense of a Tough Decision
Refusing to take the breath test in Maryland is not precisely a question of yes or no. While it may appear as though refusing can possibly avoid immediate incriminating evidence, it often results in automatic penalties, license suspension, and many other legal problems.
Knowing what your rights and responsibilities are under Maryland law is important. By taking the time to speak with an experienced lawyer at FrizWoods LLC, drivers charged with DUI will be able to go through the process much more clearly and confidently.
No one has it easy facing a DUI situation, but an informed decision with good legal representation may make all the difference.
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