What Happens If I Refuse A Breath Test In Baltimore?
Refusing a breath test when pulled over by the Baltimore City Police comes with significant consequences, primarily the loss of your driver’s license. Maryland operates under an implied consent law, meaning that by driving on its roadways, you automatically agree to provide a breath sample if requested by police officers. What Happens If I Refuse A Breath Test In Baltimore? As Baltimore criminal defense lawyers that handle these DUI cases will tell you, the result of refusal is inflexible and mandatory. Should you choose to refuse this request, you face a mandatory license suspension lasting 270 days for a first-time refusal. A 2nd or subsequent offense means a 2 year suspension.
Legal Analysis: Baltimore DUI Stop
Those detained in Baltimore on suspicion of DUI must take a breathalyzer. Not everyone wants to, or does, sometime for obvious reasons, sometime for no reason. Understanding the dynamics, the timing and the consequences is obviously key for anyone facing a drunk driving charge in Baltimore. The typical scenario here is that an officer witnesses a traffic violation, or has some other purportedly valid reason to believe a driver may be impaired. What the officer knows or sees, and reasonableness and validity of those observations, are often key components of a Baltimore DUI defense. So, the officer stops, detains, investigates, and decides to arrest for DUI, and offers you your test.
If I refuse the breathalyzer [or fail], what happens next?
The arresting officer will issue you a document that will contain the key to allowing you to potentially drive- legally – after your refusal, but you have to act quickly, and should consult with a seasoned Baltimore DUI lawyer. The document the officer gives you is:
Officer’s Certification and Order of Suspension
“The form provides information about the incident, the pending suspension and indicates whether or not you submitted to a test. If your driver’s license was confiscated, you may be authorized to use the driver copy as a temporary license.
- The reverse side of the driver copy will provide information about the Ignition Interlock Program.
- The reverse side of the hearing request copy provides information and a form to request an administrative hearing within thirty (30) days before the Maryland Office of Administrative Hearings (OAH).”
Can I Get A Restricted/Hardship License After A Baltimore DUI Arrest?
What Happens If I Refuse A Breath Test In Baltimore? You may be eligible for a restricted license. It comes as no surprise, 270 days of a first time “offense” [here a “refusal”] is severe, there are limited options to regain driving privileges. Maryland’s Motor Vehicle Administration (MVA) allows you to apply for a hardship or restricted license. The MVA advises of the specific steps:
- May request an Administrative Hearing at any time within 30 days of the date of the Order of Suspension to show cause why your driver’s license or privilege should not be suspended.
- Must request a hearing within 10 days of the date of the Order of Suspension
This special license permits driving solely for essential activities, such as commuting to work, attending school, or fulfilling medical obligations. However, obtaining this restricted license comes with a condition: you may need to install an ignition interlock device in your vehicle. An ignition interlock device is a tool designed to ensure sobriety before driving. It requires drivers to provide a breath sample, and the vehicle will only start if the sample meets legal alcohol levels. Although this measure enables restricted driving, it imposes financial and practical burdens.
Learn More: Ignition Interlock
“An ignition interlock is a camera that connects a motor vehicle’s ignition system to a tool that can detect and measure the alcohol level on a driver’s breath. An ignition interlock will prevent a car from starting if the system detects alcohol. The data logger keeps a record of every transaction, along with the date, time, and alcohol level, any efforts to disable the device, make changes to the unit, as well as any request for random retest compliance. This information is reported to the appropriate monitor.”
Learn More: New Law Requires Ignition Interlock
Maryland has recently enacted a statutory change to close a perceived loophole in the effectiveness of manadoory interlock devices after a Baltimore DUI Conviction. The MVA advises: “The Drunk Driving Reduction Act of 2016, known as Noah’s Law requires a person convicted of alcohol-related driving offenses to have an ignition interlock system installed in their vehicle. However, if an offender was given a probation before judgment, they were not obligated to install the ignition interlock system.”
Can I Still Drive In Baltimore After Refusing A Breathalyzer?
Attorney Eric T. Kirk will tell you.
Transcript
The answer is you lose your license. Maryland, like all states, is an implied consent jurisdiction, meaning that if you drive on the roadways in Maryland, you agree to give a breath sample to officers on demand. If you refuse that request, you lose your license, for an initial refusal, for 270 days. Now, it is possible to apply to the MVA for what is sometimes called a hardship license or restricted license, under which you can drive to work or potentially to school or medical appointments. In order to do that, you may have to also place an ignition interlock device on your car.
When facing such charges, or suspensions, consulting a seasoned attorney like Eric T. Kirk, a Baltimore criminal defense lawyer, is essential. An experienced attorney can guide you through the legal process, explore options to mitigate penalties, and advocate for your rights. Given the complexities of the implied consent laws that govern Baltimore, MD DUI arrests, legal guidance can be invaluable in protecting your driving privileges and minimizing disruption to your life. If you’re navigating these challenges, take proactive steps. Understanding your rights and obligations is critical in addressing the serious consequences of refusing a breath test. With proper legal support, you may find pathways to lessen the impact and regain control of your situation
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A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial in Maryland, New York and Florida, recovering millions over a 30-year mission to obtain denied compensation for his clients.
