Like other states, Maryland has an implied consent law, which provides that every driver impliedly consents to submit to a breath or blood alcohol test if stopped for DUI or DWI. If you refuse to submit to this testing, you would face harsh penalties.
What Are the Consequences of Refusing to Submit to Alcohol Testing?
Maryland’s implied consent law is only applicable if you are stopped by law enforcement because of their suspicions that you were driving while intoxicated. In most cases, you cannot be forced to take a blood or breath test. However, you could face the following harsh consequences if you refuse to take it.
Driver’s License Suspension
If the police ask you to take a chemical test and you refuse, the officer will immediately take your driver’s license and may issue a temporary 45-day paper license. You must request an administrative hearing with the Maryland Office of Administrative Hearings within 10 days to ensure that your driver’s license is not suspended prior to your hearing. You must request a hearing within 30 days of the Order of Suspension if you do not want the suspension to continue after your license expires.
If the suspension is affirmed or you do not contest it, your license could be suspended for the following time periods:
- 270 days for a first suspension
- Two years if there has been a prior intoxication suspension
Ignition Interlock Program
If your driver’s license was suspended because you refused an alcohol test, failed it, or were convicted of DUI or DWI, you can apply for the ignition interlock program. If your application is approved, you would be permitted to drive a motor vehicle equipped with an ignition interlock device. You most likely will have to continue to use the ignition interlock device for one year for refusing a chemical test.
Use of Refusal as Evidence
If you do not submit to an alcohol test, the prosecutor can use your refusal as evidence against you in your DUI case. The jury is permitted to consider this fact when determining your guilt.
Have you been charged with DUI or DWI in Maryland? Did you refuse to submit to a breath or alcohol test? Our experienced DUI lawyers are here to aggressively raise your defenses so that you achieve the best possible outcome. To find out more about our track record of success and how we can assist you, start a live chat to schedule a free consultation today.