What if I Refuse a Breathalyzer Test?

When a law enforcement officer pulls your vehicle over on suspicion of your driving under the influence (DUI) of drugs or alcohol, one of the standard procedures they will conduct is asking you to submit to a breathalyzer test. You must try your best not to get offended by this request, so much so that you reject it. Simply put, even if you are not intoxicated at this time, it may make it all the more difficult to prove such in your future criminal case. With that said, please follow along to find out what might happen when you refuse a breathalyzer test and how one of the proficient Prince George’s County DUI lawyers at Miller Berman can help defend your stance.

What happens if I refuse a breathalyzer test from the Maryland police?

According to Maryland’s implied consent law, all registered drivers are deemed to have consented to a breath or blood test if they are lawfully detained on suspicion of a DUI offense. This is to say that the Maryland Motor Vehicle Administration (MVA) may automatically suspend your driver’s license. If this is your first offense, you may be deprived of your privileges for up to 270 days, or longer if this is a subsequent refusal. 

Of note, the MVA’s punishments may be separate from court-imposed penalties. Firstly, in your criminal trial proceedings, it may give prosecutors a leg up, so to speak, in their argument that your refusal indicates your awareness of your intoxication. Then, if they ultimately prove your guilt, the Maryland criminal court may tack on additional punishments for this denial. Namely, they may add up to two more months of incarceration and $500 in fines, among other things.

Can I still be convicted of a DUI without results from a breathalyzer test?

As implied above, it is an absolute possibility that you can be charged with a DUI offense even if the prosecution does not have blood-alcohol content (BAC) level results from a breathalyzer test. This is because they may secure other forms of evidence that are still strong enough to show that you were driving intoxicated beyond a reasonable doubt. 

Namely, they may have an officer’s testimony of your appearance and behavior, results from field sobriety tests you opted in for, video footage of your driving patterns from traffic and surveillance cameras, etc. All of this to say, refusing a breathalyzer test is not even close to a foolproof way to ensure your innocence in a DUI case. 

While you may admit you have not handled yourself properly up until this point, it is never too late to turn things around. That is, while awaiting your pending criminal trial proceedings, please employ one of the Prince George’s County criminal lawyers. We will fight as hard as we can to reduce or drop the charges against you altogether. Give Miller Berman a call today.