Harford County DUI – Should I submit to a breath test if I’m stopped for DUI?

Navigating the Breathalyzer Test in a Harford County DUI Stop: Understanding Your Rights and Consequences

Driving under the influence of alcohol is a serious offense in Maryland, carrying significant legal and administrative penalties. A critical juncture for any driver stopped under suspicion of DUI is the decision of whether to submit to a breathalyzer test. Understanding the intricacies of Maryland’s implied consent law, the potential consequences of both refusal and submission, and the broader legal landscape is paramount for making an informed decision in this high-stakes situation. The moments following a DUI stop are crucial, and the choice regarding the breathalyzer can profoundly affect the trajectory of both administrative actions against driving privileges and potential criminal charges in court. Many individuals, unfortunately, lack a comprehensive understanding of Maryland’s implied consent law and the specific repercussions associated with decisions about breath testing. This lack of awareness can lead to choices that may not be in their best legal interest.

Harford County DUI: What is implied consent?

Maryland’s Implied Consent Law forms the bedrock of the state’s approach to chemical testing in DUI investigations. When you obtain a driver’s license in Maryland , you implicitly agree to submit to chemical tests (yup, the fine print you probably didn’t read)– which can include blood, breath, or urine analysis – to ascertain the presence of alcohol or drugs in their system, when a law enforcement officer has reasonable grounds to believe they are operating a vehicle while impaired.  This is a low legal standard.

This implied consent legal framework, present in all 50 states, establishes driving as a privilege with attached conditions, one being cooperation with DUI investigations. The specific legal basis for this in Maryland is codified in Transportation Article § 16-205.1.  The requirement for invoking implied consent is that the officer must possess a justifiable reason, known as “reasonable suspicion” or “reasonable grounds,” to believe the driver is impaired.  This suspicion can arise from various observations, such as erratic driving patterns, the odor of alcohol, or slurred speech – or some combination of the three. 

Within the realm of breath testing, a crucial distinction exists between Preliminary Breath Tests (PBTs) administered at the roadside and the more formal breathalyzer tests conducted at a police station. The PBT is a handheld device employed by officers to establish probable cause for making an arrest. In contrast, the formal breathalyzer test, often utilizing an ECIR/II device in Maryland, is designed to yield more precise results and can be admitted as evidence in court. Results from a PBT are generally not admissible in Maryland courts due to concerns about their reliability. Importantly, Maryland law does not impose any legal penalty for refusing to submit to a PBT. The formal breathalyzer test, while admissible, is subject to stringent calibration and procedural prerequisites to ensure its accuracy and reliability. It is conceivable that many drivers might mistakenly believe they are legally compelled to take a roadside PBT, unaware of their right to refuse without facing any legal repercussions. This lack of awareness could inadvertently lead to self-incriminating statements or actions. The implied consent law establishes a legal obligation to undergo a formal chemical test when reasonable suspicion of DUI exists, but this obligation does not extend to the preliminary roadside breath test.

Harford County DUI: What happens if I refuse?

It is important to note that Maryland is one of the few states that imposes suspensions PRIOR to any judicial hearing.  Refusing to submit to a formal breathalyzer test in Maryland carries immediate and significant administrative consequences imposed by the Motor Vehicle Administration (MVA). For a first refusal, the penalty is a license suspension lasting 270 days and subsequent refusals will result in a more severe license suspension. Upon refusing the test, the law enforcement officer will confiscate the driver’s Maryland license and issue a temporary paper license, typically valid for 45 days. This temporary license also serves as the official Order of Suspension from the MVA.

To potentially regain driving privileges or avoid the full suspension period, particularly for subsequent offenses, the MVA may require the installation of an ignition interlock device (IID) on the vehicle. For individuals holding a Commercial Driver’s License (CDL), refusing a breathalyzer test triggers even harsher penalties, including immediate disqualification of the CDL for one year for a first offense (three years if transporting hazardous materials) and a lifetime disqualification for any subsequent refusal. A driver who refuses the test has the right to request an administrative hearing with the MVA within 30 days of the Order of Suspension (and ideally within 10 days to potentially avoid the suspension taking effect before the hearing) to contest the license suspension. This hearing involves a non-refundable filing fee which is currently set at $150. It is crucial to understand that this MVA hearing is a separate proceeding from any criminal court case related to the DUI charge and focuses solely on the administrative suspension of driving privileges.

While refusing a breathalyzer test prevents the prosecution from obtaining direct evidence of the driver’s BAC, Maryland law permits the prosecution to argue in court that this refusal demonstrates a “consciousness of guilt.”  Jurors may interpret a refusal negatively, which could influence the outcome of the criminal trial. Furthermore, under certain circumstances, refusing to take the test can be considered a separate offense, potentially leading to additional penalties if the driver is ultimately convicted of DUI or DWI. The automatic and often lengthy license suspension for refusing a breathalyzer test acts as a significant deterrent. For many, the inability to drive for an extended period can create substantial hardships in their personal and professional lives.  However, if you refuse a breath test, you a depriving the State of their best evidence of guilt.

When faced with the decision of whether to submit to a breathalyzer test, several critical considerations come into play. While formal breathalyzer tests conducted at a police station are generally admissible in Maryland courts, roadside Preliminary Breath Tests (PBTs) are typically not admissible due to their potential for inaccuracy. Even admissible breathalyzer results, however, are not infallible and can be challenged in court on various grounds affecting their reliability. These challenges can include issues related to the device itself, such as improper calibration or maintenance; errors in the administration of the test by law enforcement; or physiological factors specific to the individual, such as certain medical conditions. Maryland law provides numerous potential legal defenses to contest the accuracy and admissibility of breathalyzer results. These defenses can involve demonstrating that the breathalyzer device was not properly calibrated or maintained, that the officer administering the test did not follow proper procedures, or that the individual has a medical condition (like gastroesophageal reflux disease or diabetes) that could have skewed the results.  I have used both GIRD and diabetic defenses with great success in the past, but the medical evidence and experts must be available for court!

Navigating the complexities of a DUI stop and the subsequent legal proceedings underscores the critical importance of obtaining legal counsel. In Maryland, an individual who has been arrested for DUI has the right to consult with an attorney. It is advisable to contact a DUI attorney as soon as possible if stopped on suspicion of impaired driving. Maryland law allows a driver to request to speak with an attorney before deciding whether to submit to a breathalyzer test, provided the attorney can be contacted and is available within a reasonable timeframe, generally considered to be within two hours of the traffic stop. However, it is important to note that the ruling in MVA v. Deering clarified that being denied the opportunity to speak with an attorney before a breath test does not prevent the automatic administrative suspension of the driver’s license. A DUI lawyer can provide immediate guidance tailored to the specific circumstances of the stop, explaining the potential consequences of both refusing and submitting to the breathalyzer and assisting the individual in making the most informed decision. An attorney can assess whether the officer had the requisite reasonable suspicion for the initial stop, evaluate any potential defenses that might be available, and advise on the best course of action to safeguard the driver’s rights and driving privileges. If a breath test is taken, an experienced DUI attorney can explore various legal defenses to challenge the accuracy and admissibility of the results. These defenses can include challenging the legality of the traffic stop itself, scrutinizing the administration of the breathalyzer test, examining the calibration and maintenance records of the device, and presenting evidence of medical conditions or other factors that could have influenced the BAC reading. It is essential to understand that a DUI arrest in Maryland initiates two distinct legal processes: the administrative suspension of the driver’s license by the MVA and the criminal charges in court. An attorney can provide representation and guidance in both of these proceedings. The strategies and potential outcomes in each process can differ, underscoring the need for comprehensive legal representation to navigate both the administrative and criminal aspects of a DUI charge.

Ultimately, the decision of whether to submit to a breathalyzer test during a DUI stop in Maryland is a complex one that depends heavily on the individual circumstances of the situation. There is no universally “correct” answer. Refusal leads to an automatic license suspension and/or interlock installation on your car, while submission provides the state with potential BAC evidence that could be used against the you in both administrative and criminal proceedings.

 

Action	Administrative License Suspension (First Offense)	Potential for Ignition Interlock	Use of Evidence in Court
Refuse Breath Test	270 Days	Likely Required	Refusal can be used
Submit (BAC 0.08 – 0.14)	180 Days	Possible for Restricted License	BAC evidence against you
Submit (BAC 0.15 or Higher)	180 Days	Likely Required	BAC evidence against you

 

Offense	Maximum Jail Time	Maximum Fine	License Suspension (Upon Conviction)
DWI	2 Months	$500	6 Months
DUI	1 Year	$1,000	Up to 6 Months

Given the significant legal ramifications, it is strongly recommended that anyone stopped for a Harford County DUI exercise their right to consult with an attorney as soon as possible, ideally before making a decision about the breathalyzer test. An experienced DUI attorney can provide tailored advice based on the specific facts of the case and help navigate the complex legal landscape to achieve the best possible outcome.