When you are pulled over under the suspicion of driving while intoxicated, you are required by Maryland law to submit to a breath or blood test to determine your BAC, or blood alcohol content. Maryland has an “implied consent” law, which means that if the officer has probable cause to believe that you were operating your vehicle while intoxicated, you give consent to submit to a BAC test, which must be administered as soon as possible after you were pulled, but not to exceed two hours.
While you do have the ability to refuse to submit to a breath or blood test in most cases, you will automatically receive a license suspension for a period of 120 days for your first refusal, and for a year if you refuse after a second offense and for all subsequent offenses. If you do consent to a BAC test, whether administered by breathalyzer or blood draw, and you are found to have a BAC over 0.08%, you will also automatically have your license suspended.
If you were involved in an accident which caused substantial injuries or the death of another person, you may be forced to submit to a BAC test, usually taken by blood draw.
Refusing a BAC test usually does more harm than good. You can still be found guilty of a DUI even if you don’t submit to breath and blood tests.
If you have been charged with a DUI, it is important that you contact a skilled DUI attorney as soon as possible. Call Felipe Santo Domingo today. 1-800-Have-DUI.