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Should I Submit to a Breathalyzer During a Traffic Stop?

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At Lotze Mosley, LLP, our Maryland and Washington D.C. criminal defense attorneys know that during the winter months, especially around the holidays, DUI traffic stops go up, which means more drivers are making the important decision as to whether they should submit to a breathalyzer test.

While you are not required to submit to a breathalyzer test if you are stopped for a DUI in Maryland or Washington D.C., you should have a thorough understanding of the consequences if you refuse this test. Here is what you need to know.

What are the Consequences of Refusing a Breathalyzer in Maryland?

Maryland drivers are free to refuse a breathalyzer test during a traffic stop unless the DUI arrest was associated with an accident that resulted in injury or death.

For those who were pulled over or stopped at a DUI roadblock, refusing a breathalyzer test in Maryland comes with an automatic driver’s license suspension of 270 days.

The only way to obtain a hardship license is to request a hearing before the Maryland Motor Vehicle Association (MVA), which must occur within ten days of the suspension.

Drivers will have to agree to have an ignition interlock system installed in their vehicles to retain their right to drive in Maryland during the suspension period.

What Are the Consequences of Refusing a Breathalyzer in Washington D.C.?

Refusing a blood alcohol breath test in Washington D.C. results in a license suspension of up to one year for first-time refusals or offenses.

Two prior refusals or convictions may result in the loss of driving privileges for up to two years.

A third DUI conviction within 15 years can result in a license suspension of up to three years.

Upon license suspension, you can file for a hardship license, which requires the installation of an ignition interlock device.

If you have been arrested for a DUI in Maryland or Washington D.C., whether you denied the breathalyzer or agreed to take one, contact our skilled criminal defense attorneys at Lotze Mosley, LLP to ensure your rights are protected going forward by calling 202-393-0535 today to pursue the best outcome for your charges.

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