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Implied Consent Law in Maryland

Speak With a Trusted Baltimore DUI Lawyer

Maryland's implied consent law states that all drivers, when asked by law enforcement, are expected to comply with a blood alcohol concentration (BAC). This can be a blood test, a urine test, or a breathalyzer test. If a driver refuses this test, they stand to face legal penalties in addition to any resulting consequences of their DUI charge.

Have you been arrested and charged with DUI? If so, it is critical that you have your case assessed by a proven legal advocate. At my firm, The Law Office of Mark G. Scheuerman, LLC, clients can trust that from the very first phone call to the resolution of their charge, their case will be personally handled by dedicated counsel committed to securing the best possible outcome on their behalf.

My firm is ready to stand by your side. Contact my offices today to start exploring your legal options with an insightful Baltimore DUI attorney.

Understanding Implied Consent

Implied consent laws are put in place all over the country to help ensure cooperation by drivers during traffic stops. However, law enforcement has the responsibility to let drivers know that they could face penalties for refusing to submit to a BAC test. If the driver still then refuses, they can be subject to further administrative penalties.

Refusing a BAC test can come with the following penalties:

  • First refusal: 120-day license suspension
  • Second refusal: 1-year license suspension
  • Third refusal: 1-year license suspension

Keep in mind that these license suspensions are in addition to any suspensions and penalties that may result from your DUI charge. You also do not have to be under arrest to be subject to these penalties-- in fact, these suspensions can even apply to you even if you are ultimately cleared of any drunk driving suspicions.

Should You Refuse?

Implied consent laws are the subject of much debate. Some people feel that they are necessary to properly to police our streets—others believe they can be a violation of our constitutional rights. As the laws stand now, it is always advised that you cooperate with police officers during an arrest. If you have refused a BAC test, however, it is advised that you speak to a Baltimore DUI lawyer immediately. At my firm, I know what it takes to navigate these cases to a favorable resolution and protect the rights of my clients.

Start mounting a defense you can trust today. Use the online form on this site to request a free case evaluation.

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  • Thank you!

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  • "Quick on his feet"

    “Mark represented my son in traffic court and then at an MVA hearing. Prior to my sons name being called at traffic court, he asked to speak to the State Trooper outside the court room, and struck a deal right then and there. He was both professional and very knowledgeable about MVA laws. Both instances we had very good outcomes. Hopefully, this will be the last time we need him, however, I highly recommend Mark!!!!”

    Karen, T.

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    “I absolutely loved Mark's services! He was very professional and efficient. He is a results driven lawyer who gets the job done. He legal fees are affordable and he really works for his clients. I would recommend him for any type of case. My family and I are completely satisfied with his work and can vouch for him as being the best attorney in the area. I am Very lucky to have met him. There is no other attorney I have used this far who can compete.”

    Heather Davis

  • Mark is the man!

    “Mark took care of all the heavy lifting of my speeding ticket. While going to school in Maryland, I attained a speeding ticket in a school zone. Soon after I moved back to my home state of New York, and lost the ticket during the move. Soon enough I was notified my license was going to be suspended in the state of New York as well as Maryland. Mark took care of the issue over the phone with me , went to court for me against a tough judge and the police officer had shown up. Mark got it to a probation before judgement and I actually got a refund on the fine I paid to the court! Mark is the man! If I ever have another traffic issue in the state of MD. (fingers crossed), Mark will be my first phone call!”

    Daniel O