If the police pulled you over in Maryland on suspicion of drunk driving, they may ask you to take a sobriety test. It is important to understand your rights before you respond. Refusing a test can carry grave consequences, even if you have not had a drop to drink.
Field sobriety tests are voluntary
The officer may first ask you to perform field sobriety tests like walking straight or standing on one leg. The law does not require you to take them. You also have the right to decline politely. That is because these tests are often subjective. Nerves, weather or medical conditions could affect your references. Thus, the court cannot use your field sobriety test against you. However, this is not the case when it comes to breath tests.
Breath tests are a different story
Maryland has an “implied consent” law. This law means that by driving on the road, you have already given permission to take a breath test. It applies if the arrest is lawful and you are driving under the influence (DUI). If you refuse a breathalyzer at the station (not at the roadside), the Motor Vehicle Administration (MVA) will take action—even if you are not convicted.
Refusing a chemical test has consequences
If you refuse a breath or blood test after arrest, the MVA will suspend your license for 270 days (for a first offense). A second refusal can lead to a two-year suspension. You may also have to undergo certain programs, such as the ignition interlock program. It requires you to install a device that evaluates your breath for alcohol. If your alcohol level is high, the car will not start.
Worse, you could go to court, and prosecutors could tell the jury you refused to take the test. They may use this as a sign of guilt.
You have the right to ask for a lawyer
If you are arrested, you may refuse a sobriety test in Maryland. However, you should understand what that means before you do. If you are unsure, ask to speak with an attorney. Protecting your rights starts with knowing them.