Refusal of DUI Tests in Prince George’s County
In Prince George’s County alcohol and drug tests, the main sample used is the breath test. A blood test or blood draw is taken in certain circumstances. If you refuse the breath test, blood test or urine test, you may face a nine-month suspension of their license or you may have to get an interlock device for a year to keep driving. A Prince George’s County DUI attorney may be able to clarify the consequences for refusing to take a test.
Implied Consent
Implied consent dictates that a person involved in a valid traffic stop consents to the submission to the field sobriety test or breath test if an officer has probable cause to believe that a person is under the influence. If they refuse, they are going to be subject to civil and criminal sanctions due to their refusal.
Implied consent says the person will give the tests and, if they do not, there are sanctions. This can affect the way both the civil and criminal components of the case go.
There is no chance of making a successful argument against implied consent to the courts. Someone can challenge the nature of the admissibility and certification of the testing machine if a test is performed anyways. This challenge can be done with the help of an expert witness.
Second or Third Refusal
If the person refuses one of these tests for the second or third time, they will be incarcerated. In a civil case or license case, there would be a longer suspension period depending on how long ago the old refusal was. If there are too many DUIs, the person could have what is called the Medical Advisory Board or MAB hold on their license, meaning they could be suspended or restricted indefinitely until a review board decides that they are safe to drive.
DUI Education Courses
A person should enroll in a DUI/alcohol education course regardless if there was a refusal of a DUI test in Prince George’s County or not. Under Maryland law, a person involved even in a first-offense DUI is required to engage in some form of alcohol education. Generally, it is a 12-14 hour class that is required whether or not a DUI test is performed or refused.
Contact a Prince George’s County DUI Attorney
Even though there are consequences to refusing a DUI test, in some situations it may be wise. A justifiable reason for refusing a blood or breath test would be if you are so intoxicated that you know you will give a very high alcohol reading. Sometimes defense attorneys may prefer a refusal over an obscenely high alcohol read that could have even higher penalties.
Each case is unique, but a seasoned Prince George’s County DUI attorney may be able to help fight for your rights. An attorney may be able to give advice on how to deal with a refusal of a DUI test in Prince George’s County. There will be consequences for that refusal, but until you consult with a lawyer about your case, it can be difficult to determine what those consequences will be. Call an attorney today to start work on your case.