What Happens if You Refuse a Breathalyzer Test in Maryland?

What Happens if You Refuse a Breathalyzer Test in Upper Marlboro, MD?

If you are stopped by the police and they want to test you, they must inform you of your rights and the consequences if you refuse to test. The first time you refuse, your license will be suspended for 270 days unless you can successfully contest this. If you have ever refused the test before, then you will face up to two years of license suspension.

The idea is to make the penalty for refusing to take the test just as great as the consequences of failing the test, at least so far as your driving privileges go. Ultimately, the police cannot use either the results of your test or your refusal against you to prove intoxication, but refusing the test can be considered probable cause to arrest you for a DUI, and you will have to take a test at the police station.

Contesting Your License Suspension

You do have the right to request a hearing and challenge the suspension of your driver’s license. You have only a very slim chance of overturning your suspension, however, and virtually no chance of doing so without the help of an experienced lawyer. The best hope is that you can prove the officers had no reasonable grounds to suspect that you were driving under the influence or show that they did not follow the correct procedures, such as if they did not inform you of your rights or the consequences of a refusal.

If you need your vehicle for work and can prove that you would be unable to work without it, you may be able to continue to drive with certain restrictions. These restrictions might include the requirement to put an ignition interlock device on your vehicle so that it can’t be started unless you blow clean. You may also have your license restricted in such a way that you are only allowed to use your car to go to and from work. Talk to a lawyer to find out more about what’s likely in your case.

Whatever the situation you’re in, contact us now at the Farmer and Klopfer Law Firm in Upper Marlboro or Waldorf, MD to get experienced help on your side. We are committed to defending your freedom, your license, and your future. We’re well-known in our field for our successful and aggressive defense of people in situations just like yours, so call us now to request a consultation.

Tags: Breathalizer test, criminal lawyer, DUI, personal injury
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