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 18 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.

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