Can I Contact a Lawyer Before Taking a Breathalyzer Test in Maryland?

No one likes getting pulled over by the cops. At best, your commute or errand run is drastically delayed. At worst, you may spend the night in jail. If a police officer pulls you over on suspicion of driving under the influence, things can get complicated quickly. The officer may try and pressure you into taking a breathalyzer test. Some individuals may be wondering whether they are able to speak to a lawyer before taking that test.

It is incredibly unlikely that you will be able to contact a lawyer before taking a preliminary breath test when you are pulled over. The practical realities of getting pulled over by an officer may make getting in touch with an attorney difficult if they cannot be reached by phone, and officers will not be thrilled about someone not complying with their demands. Moreover, breathalyzer tests need to be administered quickly, so after enough time has passed, the officer may note that you refused a breathalyzer test. For those reasons, you should take the breath test and get in touch with an attorney as soon as possible after the fact.

For a free, confidential discussion of your situation, call Rice, Murtha & Psoras’s Baltimore DUI defense lawyers at (410) 694-7291.

Can I Call a Lawyer When I am Pulled Over and Asked to Take a Breathalyzer Test in Maryland?

Under Md. Code, Transp. Art., § 16-205.1(a)(2), anyone driving on Maryland roads has automatically consented to take either a breathalyzer or blood test if a police officer pulls them over on suspicion of driving under the influence. It is important to understand that a “breathalyzer test” is different from the preliminary breath test that may be administered when you are pulled over. Breathalyzer tests usually require specialized equipment and are hard to give out in the field. You likely won’t receive a true breathalyzer test until you are arrested and in jail. The preliminary breath test given in the field is less accurate and used to gauge whether the officer should proceed further and arrest you for drunk driving.

Remember that this implied consent is only in place if you are “detained” by the officer. You are detained when you are not free to go, and you can figure out if you are detained or not by simply asking the police officer if you are free to go. If you are not detained, you can leave any time you want. If you are detained, the implied consent law discussed above kicks in.

Potential Consequences of Refusing a Breathalyzer Test in Maryland

There are criminal consequences for refusing preliminary breath tests in Maryland. The implied consent law sets a default precedent that you will take a breathalyzer test when asked. If you insist on speaking to legal counsel beforehand, you are violating the law, and you are very likely to suffer some undesirable consequences. It is better to comply with the police officer’s requests and then contact our Maryland DUI defense lawyers as soon as you can.

Getting Your License Suspended

The primary consequence of refusing a breathalyzer test in Maryland is getting your license suspended. Your license can be suspended for up to 180 days under Md. Code, Transp. Art., § 16-205.1(b)(1)(i)(A) for a first offense and up to 270 days for subsequent offenses. You are then issued a temporary license that expires after 45 days. You will need to have a hearing before a board in order to get your license reinstated, and even then, you will have an ignition interlock put in your vehicle – that you will have to pay for.

Getting your license suspended can have cascading consequences as well. For example, if your job requires you to drive and you no longer can because your license is suspended, you may lose employment, and you could have difficulty getting other jobs that require you to have a motor vehicle. Moreover, getting convicted of driving under the influence can lead to fines and prison time, depending on the severity of the sentence.

Potential Jail Time

The reality is that if an officer suspects that you were drinking and you refuse to take a preliminary breath test, they are not just going to let you drive off. The officer will take you into their vehicle and drive you either to your destination or to a jail cell. However, you can still get in touch with our attorneys no matter what happens.

Motor Vehicle Administration Difficulties

After being convicted of driving under the influence, you will need to go to a hearing before the Motor Vehicle Administration in order to get your license reinstated. At this hearing, many factors will be considered, including whether you complied with the officer who stopped your vehicle. Even if you later took the test after contacting legal counsel, it will be noted that you initially refused the test. This can make the hearing more challenging than it otherwise would be.

That being said, our Ocean City, MD DUI defense lawyers can help you counter that narrative. For example, we can remind the board that, although you initially refused the test, you took it after you talked to our lawyers.

Should You Refuse a Breathalyzer Test Before Talking to a Lawyer?

You should always comply with a request to take a breathalyzer test because it is a crime to refuse one. That being said, you should absolutely get in contact with a lawyer as soon as you possibly can so that you can get the representation you need to address hearings before the MVA penalties and potential criminal charges.

Call Our Maryland DUI Defense Lawyers and Discuss Your Case Today

Rice, Murtha & Psoras’s Pasadena, MD DUI defense lawyers can help you out when you call us at (410) 694-7291.