Refusing a Breathalyzer
Maryland Attorneys Handling Breathalyzer Refusal Charges
Maryland DUI laws are among the toughest in the United States. You have the right to refuse a breathalyzer test, but you will automatically lose your license for 120 days to one year, and most likely be arrested for DUI/DWI.
If you refuse a breathalyzer, contact an experienced DUI defense attorney right away. Attorney John P. Downs has 15 years of experience providing DUI defense to Maryland and out-of-state drivers.
For the best possible outcome in your DUI defense case, call our Elkton or Havre De Grace, Maryland, office at 410-885-4217.
15 Years of Solid DUI Defense Experience
Maryland has implied consent laws. That means that you agree to submit to breathalyzer, blood or urine testing if you are stopped by law enforcement. If you are from another state, implied consent still is in force, because you are driving in Maryland.
If you are penalized with license suspension, call our Elkton or Havre De Grace, Maryland, office within 10 days of your DUI arrest. We can request a hearing for a hardship permit which will allow you to drive to and from work, court or alcohol education.
If you are an out-of-state driver, your DUI arrest will be shared via computer, and your driver's license will be suspended in your home state, but your charges will be prosecuted in Maryland. You need an experienced Maryland DUI defense attorney to represent you in proceedings here. Call attorney John P. Downs toll-free at 888-339-2808.
Building a Strong Case
Refusing the breathalyzer is challenging case to defend. Because you refused the breathalyzer, the prosecuting attorney will not have a blood alcohol reading to present to the judge or jury, only the testimony provided by the arresting police officer.
His or her observations become critical to the case, including:
- The smell of alcoholic beverage in the car
- Slurred speech
- Bloodshot eyes
- Ability to maneuver the car at the traffic stop
- Your performance on field sobriety tests
It may be more difficult to plead to a lesser charge, because there is no reading on which to prove your claim of driving under 0.08%. A field sobriety test is usually given near the car, and that evidence may not be conclusive.
In cases involving breathalyzer refusal, the law office of John P. Downs looks at alternatives, such as probation before judgment and unsupervised probation.
Contact us today for accomplished DUI defense by a qualified lawyer.
