With the recent increase in DUI operations and arrests by Montgomery County police, we thought it would be a good time to answer a question often posed:
“Should I take a breath test?”
If you are stopped by the police on suspicion of driving under the influence of alcohol, the first significant issue that must be addressed is whether you should take the “breath test.” Maryland law requires that you agree to such a procedure.
There are significant penalties for your wrongful refusal, which are:
–Your driving privileges being suspended for 120 days (first offense) and for one year (subsequent offense)
–You install an ignition interlock device for one year (at your cost).
If you are able to convince the MVA that your refusal was justified, then no penalty will be imposed. Thus, the real question is whether you can risk the possible penalties. If no, then you should strongly consider taking the “breath test.”