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What happens when drivers refuse DUI testing?

On Behalf of | Apr 30, 2024 | CRIMINAL LAW - Drunk Driving

When a Maryland driver is pulled over under suspicion of DUI, they may be asked to take field sobriety tests or submit to a breathalyzer test. These tests are used to determine whether someone is driving while intoxicated, but some drivers may worry about the accuracy of these tests. While they aren’t always accurate, and drivers may feel uncomfortable performing these tests, refusing to do so can lead to legal consequences. 

Refusing DUI testing 

When someone refuses to perform field sobriety tests or provide a breath sample through a breathalyzer test, the law enforcement officer on the scene has the right to confiscate the person’s driver’s license. A failed test can also lead to a confiscated license. Once the license is confiscated, the driver will be given a temporary paper license to be used until the driver’s court date.  

Commercial drivers who refuse to submit to field sobriety tests may have their license suspended and their driving privileges revoked. The officer at the scene will provide paperwork regarding the incident, including information on whether the individual failed a test or refused testing. A form indicating one’s rights to drive until the court date, along with information on the ignition interlock system, will also be provided.  

Facing DUI charges 

A DUI conviction can lead to fines, jail time, and the loss of one’s driver’s license. Maryland drivers must face these issues head-on and seek legal advice promptly to understand the available options. For some, the right choice may be to plead to a lesser charge. Others may wish to defend themselves against the charges in court with the help of someone who understands the state’s DUI laws.