Can I Refuse a Breathalyzer Test in Maryland?

 Posted on October 05, 2025 in DUI Defense

If you are pulled over on suspicion of drunk driving, the officer will probably ask you to take a breathalyzer test. Refusing may protect you from giving the state direct evidence of your blood alcohol concentration (BAC), but it can also bring serious penalties on its own. If you are facing DUI or DWI charges, a Potomac, MD DUI defense lawyer can help you understand the law and prepare for court.

Does Maryland Have an Implied Consent Law?

Under Maryland Transportation § 16-205.1, every driver who operates a vehicle on public roads automatically agrees to submit to a chemical test. This is called "implied consent." An important point is that the police officer has to have reasonable grounds to suspect drunk driving to request a breath test.

If you refuse, the Maryland Motor Vehicle Administration (MVA) can automatically suspend your driver’s license. For a first refusal, the suspension period is usually 270 days. A second refusal can result in a longer suspension, often up to two years. Instead of suspension, you may be able to opt into the ignition interlock program, which requires you to install a device in your car that you need to blow into to check for the presence of alcohol before your engine will start.

How Would Refusing a Breath Test Affect Your DUI Case in Maryland?

Refusing a breath test will not stop the police from charging you with driving under the influence. Police can still rely on officer observations, field sobriety tests, or witness statements to build their case. Under Maryland Courts and Judicial Proceedings § 10-309, prosecutors may introduce your refusal as evidence, suggesting that you refused because you knew you were intoxicated.

Regardless, refusing does take away one of the most direct forms of evidence, which is your BAC number. Without it, the state may have a harder time proving you were over the legal limit of 0.08 percent. This means refusal can sometimes help, but prosecutors can still charge you. Every case is different, but a good defense attorney can help you build a defense.

How Can You Fight a DUI Charge After Refusing a Breath Test?

Remember, a DUI or DWI charge is not a conviction. You still get your day in court. A skilled lawyer can look closely at the details of your case and raise challenges such as:

• Illegal traffic stop: If the officer lacked reasonable suspicion to pull you over, the evidence may be thrown out.

• Failure to advise of rights: Officers must explain the consequences of refusing under Maryland’s implied consent law. If they did not, a license suspension may not hold up.

• Unreliable field sobriety tests: Tests like the walk-and-turn or one-leg stand are subjective and often open to interpretation.

• Medical or physical conditions: Certain health issues, such as diabetes or acid reflux, can interfere with chemical tests and create misleading results even if the driver is not impaired.

• Video or witness evidence: Bodycam footage or witness testimony may contradict the officer’s report.

The best defense will depend on the specific facts of your case. Talk to your attorney about acting quickly. You have only 10 days after your arrest to request an MVA hearing to challenge your license suspension.

Contact a Rockville, MD DUI Defense Attorney Today

If you refused a breathalyzer test, our experienced Potomac, MD DUI defense lawyer can help you fight the charges against you. With more than 30 years of combined experience, our team has the knowledge to guide you through this difficult process. We are proud advocates for the Hispanic community, regularly engaging on issues that affect Latin Americans and immigrants. We are here to make sure every client feels heard and supported. Call Arrested for a DUI, LLC today at 301-479-5466 to schedule a free consultation. Se habla Español.