Implied Consent Law

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Implied Consent Law in Maryland

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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 Scheuerman Law, LLC, clients can trust that from the very first phone call to the resolution of their charge, their case will be personally handled by a dedicated counsel committed to securing the best possible outcome on their behalf.

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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 our teams of Baltimore DUI lawyers immediately. With over two decades of collective legal experience, we know what it takes to navigate these cases to a favorable resolution and protect the rights of our 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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