Chemical Test Refusal
Maryland’s Implied Consent Law
Your License Can be Suspended Even if you are Found Not Guilty of DUI/DWI of Alcohol and/or Drugs
Under Maryland’s Implied Consent Law, any person who drives a motor vehicle on any highway, public road, or private property generally used by the public, has given their consent to submit to a chemical test of breath or blood at the request of a law enforcement officer who has a reasonable suspicion that they are operating a vehicle under the influence of alcohol or drugs. If you are pulled over for suspicion of drunk and/or drugged driving and refuse to submit to a chemical test, under the implied consent law, you can face license suspension regardless of your guilt or innocence.
After Your Refusal – License Suspension
If you were asked to submit to a chemical test by a police officer and you refused, that information will be sent to the Maryland Motor Vehicle Administration (MVA) who will, at your request, schedule a hearing at the Office of Administrative Hearings where you can contest the suspension of your license.
It is extremely important to note that you must request this hearing in writing within 10 days of the stop. The MVA will not automatically schedule one for you. If you do not request a hearing by submitting the necessary paperwork and fees to the MVA within 10 days following the date of your arrest, your Maryland driver’s license will be suspended for a minimum of 120 days starting on day 46 after the stop.
While there are some who would try and make you believe that there is nothing you can do to save your license from being suspended following your refusal to take a breath or blood test, that is simply not true. Our attorneys regularly and successfully represent clients facing license suspension following their refusal to take a chemical test. No matter what you may have been told by law enforcement, even if you refused the chemical test, you can fight to keep your driving privileges and win.
Chemical Test Refusal
While it isn't illegal, a chemical test refusal can cause a domino effect in your DUI case. Call our Maryland DUI lawyers to fight for you.