Refusing a Blood or Breath Test in Frederick County
Law enforcement use a few different tests to determine whether someone has drugs or alcohol in their system after an arrest. Breath tests are meant to measure someone’s blood alcohol content, and blood tests serve as a section option when a breath test cannot be administered or when it is a suspected drug-impairment situation.
Refusing both of these tests is possible, but you might face serious consequences if you decline to submit to an officer’s testing requests. If you are wondering whether you should or should not engage in these assessments, a knowledgeable DUI lawyer could explain the risks and benefits of refusing a blood or breath test in Frederick County.
What Happens After Refusing a Blood or Breath Test?
Police officers typically request that someone submit to a breath test after being arrested for suspicion of driving under the influence. This testing is not mandatory, and it may or may not be in the accused’s best interests, depending on the circumstances. Regardless, refusing to complete the examination has concrete consequences for an individual’s ability to drive.
For both blood and breath sobriety tests, declining or refusing to engage for the first time will result in a 270-day suspension of one’s driver’s license. Additionally, if someone decides not to take a blood or chemical exam, they may be required to install an interlock device in their car for a year. This tool measures a driver’s blood alcohol content and will only let them start the vehicle if the number is under the pre-set limit. If an accused driver refuses to submit to breath or blood alcohol testing for a second or third time, they will face a two-year suspension of their driving rights. They will also potentially need to use the same interlocking device for a year.
Why Would Someone Refuse to be Tested?
Generally speaking, refusing to take a breath or blood exam when one’s blood alcohol level is high could help a driver maintain their integrity and their defense strategies. For instance, declining testing could make it harder for a prosecutor to present evidence about a DUI. A skilled legal representative might more easily defend an individual who did not submit to a chemical exam. However, the ideal strategy for each accused person greatly depends on the case’s circumstances.
If an accused driver has more questions about when they should or should not refuse a breath or blood sobriety test, a defense attorney could offer personalized guidance.
Implied Consent and Sobriety Testing
When it comes to sobriety testing after an arrest, implied consent is an important concept that helps define a driver’s rights. In general, it refers to the idea that any individual who obtains their license and gets behind the wheel will submit to certain police investigations related to a DUI investigation. It is called “implied” consent because it is not an expressed contract that a driver signs.
This concept is important because violating it serves as a legal justification for law enforcement or a judge to impose sanctions against an accused driver’s license. If someone has more questions about how breath or blood testing relates to their duties under implied consent, a seasoned lawyer in Frederick County could help.
Call an Attorney About Refusing a Blood or Breath Test in Frederick County
If you were arrested under suspicion of driving under the influence, you should reach out to a legal representative immediately. It may or may not be in your best interests to decline blood alcohol testing, but the right decision truly depends on the circumstances.
Fortunately, a hardworking DUI attorney could be the ally you need. A legal team member could discuss refusing a breath or blood test in Frederick County to help you maintain your integrity and innocence. Reach out to the office today to get started on your case.