If you refuse a breathalyzer, you still need to enlist the help of a DWI lawyer.
Baltimore, MD- Most of us have been pulled over by a police officer at least once in your lives, usually for a traffic violation. But many traffic stops don’t stop there, and an officer suspects that driver of being drunk. If you find yourself under suspicion of drunk driving in Baltimore, you have a tough decision to make, and that is whether you should agree to a breathalyzer test. Here USAttorneys will discuss the advantages and disadvantages of agreeing to a breathalyzer.
First, we need to address a long-standing myth about refusing a breathalyzer. Many Maryland residents believe that if they refuse a breathalyzer, they won’t be charged with a DWI. That isn’t true. If you reject a breathalyzer in Maryland, not only can you be charged with a refusal charge, you can also be charged with a DWI. There are some cases in which a refusal charge will have less severe consequences.
What is implied consent? Under Maryland’s DWI statutes, you are required to comply with an officer’s orders during a traffic stop. That means you must agree to a field sobriety test or breathalyzer if an officer asks or you could have your driver’s license suspended immediately.
When you refuse a breathalyzer in Baltimore, an officer will take your license right away, and it will be suspended for 120 days. If you face a second refusal charge, your license will be suspended for one year.
Once you refuse a breathalyzer, the officer will take your driver’s license and issue a temporary one that expires in 45 days. You have ten days from when you were charged with refusal, to challenge the suspension of your driver’s license. You may be able to get your driver’s license reinstated or be issued a restricted license as long as you agree to an ignition interlock device.
To many, the thought of losing their license is much more bearable than having a DWI charge on their record. Unfortunately, refusing a breathalyzer result double the charges and double the penalties. Also, refusing a breathalyzer makes you appear guilty.
There are, however, some situations in which refusing a sobriety test is a good idea. For instance, if you are really drunk and think you might be double or triple the legal limit. In that case, your charges and penalties will be less severe than if you are charged with an aggravated DUI.
Unfortunately, you are going to have to decide whether to agree to any sobriety testing while you are sitting on the side of the road. You’ll have to make a snap decision, but not matter what you decide, you can use the legal advice of a DWI lawyer in Baltimore to help with your defense.
USAttorneys will connect you with a DWI lawyer in Baltimore to work on your defense and ensure you aren’t convicted.