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Breath Test Refusal Archives

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.