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Breath Test Refusal Archives

What if you refuse or fail blood alcohol testing in Maryland?

Whether your blood alcohol concentration (BAC) comes up as being over Maryland's legal limit or you refuse to take the test altogether, you'll likely end up with the same result. A police officer will likely take away your Maryland driver's license and submit details surrounding your case to the Maryland Motor Vehicle Administration (MVA).

Breath test refusals give way to license suspensions in Maryland

A Maryland Court of Appeals ruling just this past April affirmed that individuals who are suspected to be intoxicated, yet refuse to take a breath test, can have their licenses suspended. While many states will automatically suspend a driver's license if they refuse a Breathalyzer test, the fact that it extends to include those who are not even operating a vehicle at the time concerns many.

Can I appeal my license suspension?

It can happen in an instant — you're driving home from a bar or after a party and suddenly you see the blue lights flashing behind you. The officer approaches your vehicle and after a brief interaction, asks you to submit to an alcohol test. At this point, you have a few options. You can either take the test or refuse. Should you refuse to take the test, or submit to the test and fail it, you face a suspension of your license.

You can lose your license if you refuse the breathalyzer

It is a basic premise in criminal law that driving is not a right, it is a privilege. Under that construction, the state can take away your privilege to drive, even if you are not convicted of a crime. The most prolific example occurs when an either fails or refuses to submit to a breathalyzer test. Either action results in an automatic suspension of the license, pending review by a criminal court. This post will go over the nature of how the suspension works and when it becomes effective.

Can law enforcement "breath test" you for drugs?

Everyone is aware that police can test people's alcohol levels with the breathalyzer. There are dozens of iterations, but they all do the same thing. You blow into the device, and it measures your blood-alcohol content in your breath. Anything that is above 0.08 percent is a crime and could increase to a felony. This post will go over breathalyzers for drugs and how the technology is fairing.

Do ignition interlock devices work?

Refusing to submit to a breath test might be the wise choice during a DUI stop, however, it can also result in automatic penalties getting levied against you. The Maryland Vehicle Administration (MVA) will automatically suspend your license, regardless if you are convicted or not. If you are convicted, a standard punishment is for the court to install an ignition interlock device. These devices are relatively new, and research is only now coming out to the efficacy of these devices. This post will go over these findings and how they may affect you.

Breathalyzer patch may join law enforcement DUI tests

It seems every few years a new start-up or university releases a new device to curb drunk driving. The fervor to find a "silver bullet" to address DUIs is understandable; thousands of people are killed every year by a public health problem that could be solved with a healthy dose of responsibility. To help people take responsibility for their alcohol consumption, a team of engineers and graduate students from U.C. San Diego invented a "Breathalyzer skin patch."

Can you be charged with a DUI for past conduct?

Imagine this scenario; you were out drinking with your friends last night. It was a boozy night, but you were responsible and took a taxi home. Now you are heading out early in the morning to work, and you get pulled over. Theoretically, some alcohol could still be present in your system, so the question is, can you be charged with a DUI? Is there a time-limit that stops officers from "reaching" too far back in time?

Supreme Court rules on warrant-less breath tests

The Supreme Court heard a trio of cases involving a refusal to submit to a breathalyzer examination. The breathalyzer is a device that police have suspects blow into to measure their blood-alcohol content. The higher the BAC, the drunker the person is. If the individual refuses, the police can arrest the suspect and subject her to a blood test. These cases involved the ability of the police to compel people to submit to breathalyzer and blood tests.