Sanctions for Refusal to Take a Breathalyzer

Sanctions for Refusal to Take a Breathalyzer

You have the right to refuse to take a breathalyzer. In Maryland evidence of refusal to take a breathalyzer test is admissible only where it is material and relevant to a matter other than guilt or innocence. See Breathalyzer Refusal Admissibility. However, if you refuse, the State has a right to impose a hefty consequence for making that call. Even if you are later found not guilty of the charge, your license will be suspended for 120 days to one year for refusing to take the breath test.

The process of sanctions is typically, following a DUI arrest, you are given a temporary license to drive for the next 45 days. At that time you have 10 days to schedule a hearing with the MVA to attempt to maintain your driving privileges. If you do not request the hearing within 10 days, your license will be suspended on the 46th day following your arrest. This is why it is crucial that you immediately contact an attorney to help with this and with your criminal charges.

The suspension/disqualification periods are as follows:

Submitted to the test and failed: od Alcohol Content 0.08 though 0.14Submitted to the test and failed- od Alcohol Content 0.15 or more:

  • 1stoffense – 45-day suspension
  • 2nd or subsequent – 90-day suspension
  • 1st offense – 90-day suspension
  • 2nd or subsequent offense – 180-day suspension

Refused to submit to the test:

  • 1stoffense – 120-day suspension
  • 2ndor subsequent offense – 1-year suspension

Operating a commercial motor vehicle at the time:

  • 1stoffense – 1-year Commercial Driver’s License (CDL) disqualification
  • 2ndor subsequent offense – lifetime CDL disqualification

Operating a commercial motor vehicle carrying hazardous materials at the time

  • 1stoffense – 3-year CDL disqualification
  • 2ndor subsequent offense – lifetime CDL disqualification

Fred Antenberg is a DUI Defense Attorney in Columbia, Maryland. He can help explain the possible sanctions you are facing if you have been charged with a DUI/DWI. He will go over your possibilities, and help you make an informed decision as to the way you would like to move forward. If you have received a 1st, 2nd or subsequent DUI/DWI charge, CONTACT Fred at 410-730-4404 for your FREE CONSULTATION.