Maryland DUI Defense - Consumer Protection

Law Office of Kenneth E. Crocken, PC

10451 Mill Run Circle, Suite 400 - Owings Mills, Maryland 21117 ~ TEL (410) 878-2905 - FAX (410) 878-7790

Kenneth E. Crocken has served clients throughout Maryland centered around his philosophy of a personalized attorney-client relationship. Clients can expect prompt attention and quality legal representation delivered in an efficient, affordable manner. Kenneth E. Crocken, Maryland DUI and Foreclosure Fraud Lawyer

Kenneth E. Crocken, Maryland DUI and Foreclosure Fraud Lawyer

Maryland's Implied Consent Law

If you drive on the roads of Maryland, you have already consented to a test to determine level of intoxication.

Maryland Code,Transportation Article,§ 16-205.1.(a)

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(2) Any person who drives or attempts to drive a motor vehicle on a highway or on any private property that is used by the public in general in this State is deemed to have consented, subject to the provisions of §§ 10-302 through 10-309, inclusive, of the Courts and Judicial Proceedings Article, to take a test if the person should be detained on suspicion of driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16-813 of this title.

The arresting officer should advise you that while he can not compel you to take the test, there are certain penalties for refusing to take a test after you are arrested.

The Police officer should provide you with a form called "The Advice of Rights."

This forms states that a request for a test has been made, and the individual has been advised of the administrative penalties for refusing or of a test result of .08 BAC or higher.

Maryland DUI Penalties

If you do refuse to take the test the police officer will:

Confiscate your driver's license, if issued by this State;
Serve an order of suspension;
Issue a temporary license to drive;
Inform you that the temporary license allows the person to continue driving for 45 days if the person is licensed under this title;

You need to request a hearing with the MVA within 10 days of the issuance of the temporary license, MVA Hearing - Automatic Suspension of your License