What may happen if you refuse to take a breath test

| Mar 31, 2020 | Firm News |

When an officer pulls you over because he or she suspects that you are driving under the influence, he or she has the right to make certain requests of you. You do retain some rights during this stop, such as your right to remain silent, but you also agree to certain conditions by obtaining a Maryland driver’s license. Most notably, you agree that should an officer ask you to take a test to determine your blood alcohol level during a traffic stop that you will take the test.

According to the Maryland Department of Transportation Motor Vehicle Administration, if he or she makes this request of you and you refuse to take the BAC test, then you face an automatic suspension of your driver’s license. If you have a commercial driver’s license, then you may have a disqualification of your CDL. Keep in mind that you have the right to refuse to take a test, but if you do, you need to understand the consequences of doing so.

Confiscation of your license

Upon refusing to take the test, the officer will take your driver’s license from you. He or she may give you a temporary paper license in exchange which is valid for 45 days. You will also receive an Advice of Rights form that explains the administrative consequences you may face. On this form, you must sign and date showing you refused to take the breath test.

Suspension order

The officer will also give you an Order of Suspension. This document shows information about your traffic stop. It will explain the suspension you may face and give you information on how to request an administrative hearing where you can plead your case against the suspension of your license. If you do not request and attend your hearing, then the Motor Vehicle Administration will suspend your license after 45 days for at least 270 days.