Maryland DUI: Should I Take a Breathalyzer?

Generally, we recommend that our clients NOT consent to take a breathalyzer test if they are pulled over on suspicion of driving under the influence. Here are a few reasons why.

Cost-benefit analysis: 180-day suspension or 270 days

One reason to refuse a field breathalyzer test is that the “punishment” is not that much more than if you agree to take the test and fail it.

In Maryland, drivers are not required to consent to a field breathalyzer test. However, there is a “punishment” for refusing to take the test. The “punishment” is suspension of driving privileges for 270 days (9 months). See fact sheet here. Obviously, having your driver’s license suspended for 9 months is bad. However, if you take the test and fail, your driver’s license will be suspended for 180 days (six months).

Put another way, in Maryland, if you are driving drunk, your driving privileges are going to be suspended. The question is: how long? Based on a cost-benefit analysis, an extra three months of suspension is a “small price to pay” to give your Maryland criminal defense lawyer the best possible case to defend.

Understand that a failed breathalyzer test is admissible as evidence at your criminal trial. And, often, that evidence is why juries convict persons of driving while under the influence (“DUI”). Without the results of the field breathalyzer test, it is more difficult for the prosecuting attorneys to obtain a conviction. That is not to say that the prosecuting attorneys will not try. There are other ways of proving a person was DUI. But the chances of an acquittal are higher if there is no field sobriety test to enter as evidence.

Understand, too, that an acquittal means no jail time or any other punishments. So, on the one hand, nine months without a driver’s license is undesirable, but on the other hand, it is preferable to the alternatives. It is important to give your Maryland DUI defense attorney the best chance at obtaining an acquittal. For more questions, call the Maryland criminal defense attorneys at the Law Office of Robert Castro. Use our contact page or call us at (301) 870-1200. We are available around the clock, 24/7. We have offices in Waldorf, Maryland.

Don’t confess to drunk driving

Also, be aware that you do NOT have to answer questions asked by the police. So, if the police ask if you have been drinking, do NOT say “yes.” That is a confession of criminal behavior and defeats the whole purpose of refusing to take the breathalyzer test. In general, do not talk to the police. Just ask for your attorney.

Temporary driver’s licenses are issued

Many drivers consent to a field sobriety test because they believe that their driving privileges are immediately suspended, and so, they won’t be able to drive home, for example, or get to work on Monday morning. This is false. If a police officer takes your driver’s license, the officer gives you a paper temporary license. These are “good” for about 45 days, which is generally enough time to make other transportation arrangements.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 11701 Central Avenue, Suite 200, Waldorf, MD 20601.