Personalized Attention From A Small Law Firm With Large Law Firm Resources

Maryland implied consent laws apply to a DUI case

On Behalf of | Nov 21, 2023 | CRIMINAL LAW - Drunk Driving

When someone signs a new driver’s license in Maryland, they agree to certain stipulations. It is important to understand these terms before signing a license. For example, a signature on a driver’s license means the individual acknowledges the state’s so-called implied consent laws, although some people do not even know what that means. These laws are most relevant following a DUI arrest.  

By signing a driver’s license, a person agrees to take a chemical Breathalyzer, urine or blood test upon request from a Maryland police officer following a DUI arrest. While an individual may refuse to take such tests, there are consequences for doing so. In this state, a person who refuses a chemical, blood or urine test following a DUI arrest automatically undergoes a driver’s license suspension.  

License suspension following a DUI arrest is less than a year for a first offense 

Every state has its own DUI and implied consent laws. For a first offense and refusal to test in Maryland, a license suspension typically lasts approximately nine months. If it is not a first offense, the time may be extended to two full years.  

The chemical Breathalyzer test that is administered following a DUI arrest in Maryland is different than the preliminary alcohol screening device used to detect alcohol on a person’s breath during a traffic stop. A driver is not obligated to take the preliminary roadside test, and there are no penalties for refusing. If an individual is unsure of his or her rights and does not fully understand implied consent laws, it is always best to request legal support as soon as possible.