Breath Test Refusal
Call Our Skilled Salisbury DWI Attorney Today!
Maryland has what is called the “implied consent” law, which
requires you to give blood, urine, or breath to determine blood alcohol
content (BAC) if a police officer asks. This law states if you are lawfully
stopped and detained by an officer who has probable cause to believe you
have been driving under the influence of drugs or alcohol, then you automatically
consent to take any BAC test by virtue of having driven on a public road.
If you are being accused of a DWI, talk to our experienced
Salisbury DWI attorney at
William R. Hall, P.A. about your situation as soon as possible. Let him defend your rights.
Contact us at (410) 205-1684 or fill out our online form to discuss your case with us.
Penalties for Refusing to Take the Test
In the state, an officer doesn’t need to arrest you to request that
you take a blood, breath, or urine test. However, he or she should inform
you if you refuse, your license will be suspended for 270 days for your 1st refusal. For a 2nd or subsequent refusal, you will lose your license for 1 year. The officer
should also inform you that if you fail the test, your license will also
be suspended. You can decide not to take the test unless you were involved
in an accident that caused a serious injury or death. After refusing,
the officer will then take your license. In its place, he or she should
give you a license that will last temporarily for 45 days.
Challenging Your Suspension
If you wish to challenge your suspension, you will need to request a hearing
within 10 days. If you don’t want a hearing but need your license
for work or day-to-day life, you have another option. If this is your 1st time refusing to take a test, you could request a restricted license for
one year while your car has an ignition interlock device.
Call Us About Your Case Today
Speak to a skilled
Salisbury criminal defense attorney about your case today. You may be able to successfully avoid a suspended
license if you’ve refused to take a BAC test if the officer didn’t
follow protocol at any point during your detainment. Talk to us about
the circumstances of your case as soon as possible, particularly if you
wish to challenge your suspension. Our founding attorney,
William R. Hall, has more than 20 years of legal experience to offer your case. He has
won hundreds of cases for various people throughout Maryland. Let him
defend your rights and freedom.
Call us at (410) 205-1684 to schedule your
FREE case evaluation today.