Getting pulled over for suspected drunk driving can be a stressful and intimidating experience. In the heat of the moment, many drivers in Maryland ask themselves: “Should I refuse the breathalyzer?” While refusing a chemical test may seem like away to avoid a DUI charge, doing so comes with serious legal consequences under Maryland law.
At Psoras and Psoras Law Firm, we help clients understand their rights and defend against DUI-related charges—including those involving breath test refusals. Here’s what you need to know.
What Is “Refusal to Blow”?
“Refusing to blow” typically refers to declining to take a breathalyzer test (either roadside or at the police station) when requested by law enforcement. In Maryland, the breath test performed at the station—not the handheld one at the traffic stop—is the test that carries legal consequences if refused.
Maryland’s Implied Consent Law
Maryland follows what’s called an “implied consent” law. This means that by driving on Maryland roads, you are legally presumed to have consented to take a chemical test (breath, blood, or urine) if you are lawfully arrested for DUI or DWI.
Refusing this test is a violation of the implied consent law and can lead to automatic administrative penalties, regardless of whether you are convicted of DUI.
Consequences of Refusing a Breathalyzer in Maryland
Refusing to submit to a chemical test comes with harsh penalties, even if you’re never convicted of drunk driving:
First Refusal:
- 270-day driver’s license suspension
- Possible requirement to install an Ignition Interlock Device (IID)
Second Refusal (or prior alcohol-related offense):
- 2-year license suspension
- Mandatory IID for eligibility for restricted license
Additional Consequences:
- Loss of eligibility for PBJ (Probation Before Judgment) in court
- Your refusal can be used as evidence against you in court
Should You Refuse the Test?
This is a difficult decision and depends on your individual situation. Here are some prosand cons:
Potential Pros:
- No chemical evidence of BAC for prosecutors to use
- May create room for defense based on lack of proof of intoxication
Potential Cons:
- Automatic license suspension
- Can still be charged with DUI or DWI based on officer observations
- Refusal can be seen as consciousness of guilt and used against you in court
- Limited eligibility for favorable plea deals
Important: Even without a BAC result, prosecutors can still pursue DUI or DWI charges based on field sobriety tests, officer testimony, and dashcam footage.
How Psoras and Psoras Law Firm Can Help
If you’ve refused a breath test in Maryland, you’re facing both administrative and criminal consequences. Our attorneys can:
- Challenge the legality of the stop or arrest
- Request an MVA hearing to fight the license suspension
- Explore defenses that may result in reduced or dismissed charges
- Negotiate alternatives like the Interlock Program for continued driving privileges
Contact Psoras and Psoras Law for a Free DUI Consultation
Refusing a breath test can complicate your legal case—but you’re not out of options. At Psoras and Psoras Law, we have decades of experience defending clients in DUI and test refusal cases across Maryland. We’ll work aggressively to protect your license, your record, and your future.