Key Takeaways
- Chemical tests measure alcohol or drug impairment like breath and blood.
- Refusing a chemical test doesn’t prevent a DUI charge because prosecutors could use other evidence, including the officer’s observations at the scene, field sobriety tests, witness statements, and video evidence.
- The prosecutor can argue that the act of refusing was an attempt to hide the blood alcohol result.
- A chemical test refusal can trigger immediate driver’s license consequences separate from any criminal DUI or DWI penalties.
- An experienced DUI attorney at Alpert Schreyer, LLC will immediately review evidence to build a strong defense strategy.
If you are pulled over on suspicion of driving under the influence (DUI) or driving while impaired (DWI) in Maryland, the officer may request that you take a chemical test to measure your blood alcohol concentration (BAC). This test is usually a breath test, but in some cases they may ask you to do a blood test. Being asked to take a breath test can be overwhelming and scary, especially when you need to decide right away.
Refusing a chemical test in Maryland may feel like the best choice to avoid consequences, however, under the state’s implied consent laws, the officer will take your Maryland driver’s license, you’ll get a temporary paper license, an Order of Suspension, and the MVA may start a case about your license.
When facing a DUI charge, having an attorney who has advanced knowledge of DUI laws, knows how to examine the evidence, and develop effective defense strategies can make all the difference in the outcome of your case. Attorney Andrew Alpert holds the honor of being Maryland’s first and only attorney Board Certified in DUI Defense Law by the National College for DUI Defense and has the advanced knowledge and skills to aggressively defend clients facing serious charges.
If you’ve been arrested for suspected DUI or DWI, our Maryland criminal defense attorneys are available to help you 24/7. Contact us at (301) 720-1309 or fill out our online form.
What Are Chemical Tests?
A chemical test is used to determine whether a driver has alcohol or drugs in their system. In Maryland, these tests measure a driver’s BAC or detect the presence of other substances after a suspected impaired driving offense. Types of chemical tests the officer can ask you to do include:
- Blood tests⎯If a breath test isn’t enough to determine whether a driver is impaired, officers may request a blood test. Common reasons this test may be requested is because they suspect drug use, when a driver cannot provide a breath sample, or is transported to a hospital because of crash-related injuries.
- Breath tests⎯This is the most common test used by law enforcement see a driver’s BAC.
What Are the Penalties For Refusing to Submit to a Chemical Test?
The penalties for refusing a chemical test depend on whether it is your first refusal or a subsequent refusal. Under Maryland’s implied consent law:
- A first chemical test refusal can result in a 270-day driver’s license suspension.
- A second or subsequent refusal can result in a 2-year driver’s license suspension.
- Prosecutors may use your refusal as evidence against you as evidence in a DUI or DWI case and can argue that the act of refusing was an attempt to hide the blood alcohol result.
- Immediate 45-day driver’s license suspension.
- Refusing a chemical test may expose the defendant to an additional 60 days in jail if the state proves the refusal beyond a reasonable doubt, and the state has provided notice to the defendant of the enhanced sentencing.
These license penalties are separate from any criminal penalties imposed if you’re convicted of DUI or DWI.
What Should I Do If I Refuse a Breathalyzer or Blood Test in Maryland?
Refusing a breathalyzer or blood test in Maryland can result in significant driver’s license penalties that are separate from potential criminal charges. If you’ve refused a chemical test, contact Alpert Schreyer, LLCs, experienced Maryland DUI and DWI attorneys 24/7 by calling us at (301) 720-1309 or filling out our online form. During your consultation we will:
- Go through what happened in detail (e.g. why you were stopped, whether you took a breath, blood, or field sobriety test, your BAC level, what the officer said and if your rights were explained).
- Review any documents or evidence you have such as the arrest report or citation, court notices, or test results.
- Go over challenges or weaknesses in the case.
- Explain the charges and potential penalties (e.g. fines, jail time, probation, license consequences, and impacts to your record).
- Explain the legal process and next steps.
We have offices in Waldorf, Rockville, Lanham, and Frederick, and proudly serve clients in Prince George’s County, Calvert County, Frederick County, St. Mary’s County, County, Charles County, all of Maryland, and the District of Columbia.
FAQs
What is a chemical test for a DUI?
A chemical test is a breath or blood test used to determine whether a driver has alcohol or drugs in their system. Chemical tests provide scientific evidence that law enforcement may use to evaluate whether a driver was impaired or exceeded Maryland's legal BAC limit.
Can you be charged with a DUI without being tested?
Yes, you can be charged with a DUI in Maryland even if you weren’t given a breath or blood test. Chemical test results aren’t required for a prosecutor to file charges. Without a breath or blood test, the state may rely on other evidence such as the officer’s observations, field sobriety test results, witness statements, and video footage.
How do I get my DUI blood test results?
In Maryland, your defense attorney will get the DUI blood test results.
How long do DUI blood test results take?
DUI blood test results can take anywhere from weeks to months because the sample is sent to a lab to be analyzed. Prosecutors can still pursue DUI charges while awaiting the final report. This is why hiring an attorney at Alpert Schreyer, LLC as soon as possible will be very important for your case.