The Law Office of Matthew E. Bennett

A Maryland Law Firm Based in Silver Spring And Serving Surrounding Communities

Consequences of refusing to take a breath test

On Behalf of | Jan 6, 2022 | Blog, DUI

The law is clear. In Maryland, when a police officer commands you to take to a portable breath test, there are negative consequences for refusing to comply.

Penalties are even more severe for those who take one and fail. When weighing your decision to blow into one of these devices, choose carefully.

What happens when you refuse to take a breath test in Maryland?

Refusal to take a roadside breath test in the Old Line State results in immediate license suspension. The officer will confiscate your license post haste.

If this is your first offense, you face a 270-day suspension. Drivers who have previous offenses get a 2-year license suspension. The state comes down harder on commercial drivers. First-time test refusals result in one year of CDL revocation. A second refusal permanently disqualifies you from driving commercially.

Before you leave, the law enforcement professional will issue a temporary paper license. With this document, you can keep driving until your case resolves.

What happens after you fail a breath test in Maryland?

Conviction is more likely after you bomb a roadside breath test. Beyond license restrictions, there are possible criminal penalties. Up to a year in jail and fines of $1,000 are realities with first-time convictions. Those who are repeat offenders tend to receive stiffer sentences. Proper legal advice may help minimize the severity of the final ruling.

Maryland law is strict with drivers who are noncompliant with breath tests. Be honest with yourself about your level of intoxication when making a selection.

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