In addition to the points made in our previous posts regarding Maryland’s drugged driving law, it is important to understand how implied consent works with respect to cases involving suspected drug impairment.
Implied consent, for readers who are unfamiliar with the term, refers to the law under which motorists are deemed to have automatically consented to submitting to alcohol testing when they are suspected of driving under the influence. Every state has some form of implied consent law as a means to help officers better identify impairment and keep unsafe drivers off the road.
Motorists who refuse to submit to a test under Maryland’s implied consent law potentially face criminal penalties, so refusing to submit to testing is not without consequence. In addition, officers may also force a suspect to submit to a blood test upon refusal. Officers must follow established rules when doing so, though, to ensure the integrity of evidence for use in court.
Refusing to submit to a chemical testing during a drugged driving stop does have its consequences. Among them is that prosecutors are allowed to submit evidence of refusal to submit to chemical testing when the refusal is material and relevant to issues connected to the DUI offense. Exactly when refusal is material and relevant may be disputed in some instances.
Obtaining assistance navigating these and other issues in drugged driving cases is essential to achieving a good outcome. Any criminal defense case is going to be more effectively navigated with the help of an experienced criminal defense attorney, and it is important for defendants to secure a skilled advocate early on in the process to ensure they build the best possible case.