Do I have to take a Breathalyzer test when I’m stopped for suspected DWI/DUI in Maryland? If I refuse, what are the consequences?

If you are stopped for a suspected DUI/DWI in Maryland you may be asked to complete a Breathalyzer test by an officer. You, by law, are not required to submit to either a field sobriety test or a breathalyzer test but there are consequences you may face if you don’t. A DUI attorney in Howard County, Maryland can help clear up any confusion you may have.

When You’re Stopped For DUI/DWI in Maryland

When you are stopped by a police officer under the suspicion of drunk driving you do not have to admit to anything. If an officer starts asking you questions, you should remain cooperative and not defensive.

However, you are not required by law to answer these questions or take any sobriety tests the officer will try to conduct. Remember that you have the right to remain silent until you have consulted your attorney.

If you do refuse to speak or take a sobriety test, understand that possible consequences may arise such as:

  • You may be arrested but the prosecutor will not have results of the field sobriety or breathalyzer test to use against you in court.
  • Your license may be suspended for 90 or 120 days with the refusal of a breathalyzer test. You may also be required to install an interlock device in your car for a year in order to gain your license back.
  • Your refusal in itself may be used against you in court as evidence of guilt.

You have the right to consult legal council before making a decision regarding the field sobriety and breathalyzer tests. You should contact a DUI attorney in Howard County, Maryland in the event of being stopped under suspicion or convicted for DUI.

After you are suspected for a DWI/DUI in Maryland, seek legal council. When you don’t take action to protect your rights after a Howard County, Maryland DUI arrest or charge, you can lose them.

The Howard County, Maryland DUI lawyer team from Jimeno & Gray, P.A., includes former Assistant State’s Attorneys who thoroughly understand and can harness the inner workings of the Maryland criminal justice system. To best protect your rights in the face of a serious criminal charge, contact us today for a consultation – 410-590-9401.

Meet Our Lawyers

Attorney Greg Jimeno of MarylandAttorney Greg Jimeno of Maryland

Greg Jimeno

Attorney Frank Gray of Maryland

Frank Gray

Attorney Magaly Bittner of Maryland

Magaly Bittner

Attorney Jessica H. McConnell, Esq.

Jessica McConnell