There is a saying that notes you are free to make choices, but you aren't free to choose the consequences for your actions. Refusing to take a breath test is one perfect example of this. You can choose to refuse the test, but you will have to deal with the penalties...
Breath Test Refusal
When are breath tests inadmissible?
Breath tests are a large and expanding part of the fight against drunk driving for many police departments and other law enforcement agencies. There are several differences between models and brands, although most people who breathe into them aren't aware of them. The...
It’s not always in your best interest to refuse a breath test
In the United States, the Fifth Amendment to the Constitution gives us the right to refuse to do anything that could be self-incriminating. Many people take this to mean that they should refuse a field sobriety or a Breathalyzer test if they're stopped on suspicion of...
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...
What happens when you refuse or fail a breath test in Maryland?
In Maryland, either refusing to take or failing a blood alcohol content (BAC) test can both end up with you losing your driver's license.At the time of your stop, the officer stopping you is likely to hand you an Officer's Certification and Order of Suspension form....
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...
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...
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...
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...
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...