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Penalties issued for failing to take a breath test in Maryland

If you have ever been stopped for suspicion of driving under the influence in Maryland, you likely know that it's best to submit to a breath test. Failure to submit to a breath test can make matters much worse for your situation. Today, we will discuss the penalties issued for failing to take a breath test in Maryland.

The law of implied consent in Maryland says that if you are ever pulled over driving while intoxicated, and the officer had probable cause for the traffic stop, you then consent submit to a blood, breath or urine test to determine your blood alcohol content (BAC). This test, whichever is administered, must be done so soon after the last time you were driving so that you do not sober up first.

If probable cause is established that you have been driving while intoxicated, the officer can detain you. If you still decide to refuse to take the test, you will face the following penalties:

  • First offense results in driver's license suspension of no more than 120 days
  • Second offense results in driver's license suspension of no more than one year
  • Third offense results in driver's license suspension of no more than one year

It is up to the officer who initiated the traffic stop to warn you of the penalties for refusing to take such a test. He or she also does not have to arrest you in order to request that you take the test to determine your BAC.

Have you been charged with DUI in Clinton? An experienced drunk driving attorney can help you begin the defense of those charges.

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