If you have ever been pulled over and investigated for drunk driving, you might know the feeling of wishing you understood exactly what your legal rights are regarding the investigation. For example, what can or should you say when an officer asks you to complete a breath test?
Some drivers will naturally feel that they should do what an officer says. In the moment, their worry takes over and they just want the situation resolved — over. Others are naturally inclined to doubt an officer and his intentions. There is no right and wrong way to react, but how one reacts should be based on Maryland legal knowledge.
Should you perform a breath test if you are pulled over and investigated? When making that decision, you should know that the test refusal will result in an impactful consequence. You will temporarily lose your driver’s license based on the refusal alone, whether you are convicted of DUI or not.
Breath test refusal laws vary from state to state. And while losing your license for refusing a test might sound serious enough, other states have even stricter regulations. States with stricter regulations are taking their legal breath test concerns to the Supreme Court of the United States. The court will determine whether requiring breath tests without a warrant violates individuals’ constitutional rights.
It is easy to feel unsure of your rights and tough to feel confident that you are making the right choice in a real legal situation. Knowing your rights prior to a potential arrest is great, but it is even more crucial that following an arrest, you have an experienced criminal defense attorney who can more aggressively fight to protect your best interests and defend your actions.