Harford County DUI Lawyer: Should I take a breath test?

Blow or No Blow? The Complexities of Breath Tests in Maryland DUI Cases

Getting pulled over for a suspected DUI in Maryland is a nerve-wracking experience. One of the most pressing questions facing drivers in this situation is whether or not to submit to a breathalyzer test. As a Maryland criminal defense attorney, I understand the complexities of this decision and want to provide you with the information you need to make the best choice for your situation.

Maryland’s Implied Consent Law:

Maryland, like most states, has an “implied consent” law. This means that by driving on Maryland roads, you automatically consent to chemical testing (breath, blood, or urine) if an officer has probable cause to believe you’re driving under the influence. However, this “consent” comes with significant consequences if you choose not to comply.

Refusal Penalties:

Refusing a breath test in Maryland triggers significant penalties:

  • License Suspension: Your driver’s license will be suspended for 180 days for a first refusal, 270 days for a second refusal within five years, and two years for a subsequent refusal. This is separate and apart from any suspension you might face if convicted of DUI.
  • Increased Penalties if Convicted: If you’re subsequently convicted of DUI, the refusal will be used against you, leading to harsher penalties, including longer license suspensions and potentially higher fines. The refusal can be introduced as evidence of consciousness of guilt.
  • Ignition Interlock Requirement: If you don’t accept the suspension, you will really be limited to the installation of an ignition interlock device on your vehicle.

Should You Refuse the Test?

There’s no easy answer, and it depends on your individual circumstances.  Also because Maryland law recently changed and now mandates interlock for any conviction or PBJ (stay tuned if the OAH “dual track” system goes away after the next general assembly session).

Reasons to Consider Refusal:

  • Doubt about Probable Cause: If you believe the officer doesn’t have sufficient probable cause to suspect you of DUI, refusing the test might be a viable option to challenge the stop later. However, this is a complex legal argument that requires experienced legal counsel.
  • High BAC: If you’re certain your BAC is significantly over the legal limit, refusing might seem appealing to avoid providing incriminating evidence. However, remember the penalties for refusal are substantial and can still impact your case negatively even if your BAC might have been high.
  • Mandatory Interlock Change: As of October 2024, all PBJ’s and convictions for DUI/DWI now require 6 month interlock (this is in addition to the other penalties).  This leans heavily towards refusal because you’re depriving the State of the best evidence against you with little downside.

Reasons to Consider Taking the Test:

  • First Offense: For a first-time DUI, taking the test and cooperating can sometimes lead to a more favorable outcome, especially if your BAC is close to or below the legal limit. The prosecution may be more inclined to offer a plea bargain or reduce the charges.
  • Minimizing Administrative Penalties: Taking the test avoids the automatic license suspension for refusal. While you may still face a suspension if convicted, you can continue driving legally while your case is pending.

The Importance of Legal Counsel:

Regardless of whether you choose to take the breath test or not, contacting a Maryland DUI attorney as soon as possible is paramount. An experienced attorney can:

  • Advise you on your rights and options: An attorney can help you understand the implications of taking or refusing the test based on your specific situation.
  • Challenge the Stop: If the officer lacked probable cause, your attorney can file a motion to suppress the evidence, including the breath test results.
  • Challenge the Accuracy of the Test: Breathalyzer tests are not foolproof. Your attorney can investigate potential issues with the device’s calibration, the administration of the test, or other factors that could affect the accuracy of the results.
  • Negotiate for a Plea Bargain: Even if you take the test and your BAC is above the legal limit, your attorney can negotiate with the prosecution for a reduced charge or a more lenient sentence.

The Bottom Line:harford county DUI

The decision of whether to take a breath test in a Maryland DUI stop is a crucial one with long-term consequences. There’s no one-size-fits-all answer, and understanding the nuances of Maryland law is essential. Contacting a qualified Maryland DUI attorney immediately is crucial to protect your rights and navigate this complex legal landscape. Don’t hesitate to reach out for a consultation to discuss your specific circumstances.