Law Office of Kenneth E. Crocken

Maryland DUI Frequently Asked Questions

Defending a DUI/DWI charge involves knowledge of a complex system of legal and administrative procedures and penalties. These questions are typical questions I have received during the course of my practice.

Should I have refused the breath test at the police station?

You have the right to refuse to submit to the breath or blood test. However, because of the Maryland implied consent law there are consequences; specifically, if you refuse to take a BAC test your license will be suspended.

If there are prior offenses, the consequences must be weighed. Your license will be automatically suspended if you refuse, but you deny the state crucial evidence in the case. However you also risk an increase in punishment if convicted, an extra $500.00 fine and 60 days in jail. Prior to taking any test to determine your BAC, always ask to speak to an attorney.

IF YOU REFUSED THE BREATH TEST, YOU MAY ONLY BE ABLE TO RETAIN YOUR LICENSE IF YOU INSTALL AND MAINTAIN AN INTERLOCK DEVICE IN YOUR CAR FOR ONE YEAR.

What penalties am I facing?

If you are charged under 21-902 (a), the penalties are a maximum fine of $1,000.00 and/or imprisonment up to 1 year.

If you are charged under 21-902 (b), the penalties are a maximum fine of $500.00 and/or imprisonment up to 60 days.

The penalties increase for a subsequent offender, which is a prior conviction within 5 years.

If you refused a chemical test or the test results were .08 or greater your license may be suspended. If the test results were .08 or higher, your license may be suspended for 45 days (90 days for a subsequent offense). If you refused the test, your license may be suspended for 120 days (1 year for a subsequent offense).

If you are found to refused the breath test you may face additional penalties of a maximum fine of $500 and/or an additional imprisonment up to 60 days.

For more information click, Maryland DUI Penalties

Do I have to perform the field sobriety tests?

You are not required to take any tests requested by the police. The Field Sobriety Tests (FST) and the Preliminary Breath Test (PBT) are done to help the police officer decide whether to make an arrest. If the police officer requests that you take a PBT, he is to inform you of your right to refuse the test.

There are consequences for refusing the chemical test.

I was not read my rights, what happens?

Since Maryland is an implied consent state, being read your rights does not normally affect the main evidence in a DUI/DWI case, the BAC test. Unfortunately this means many people do not know they have the right to ask for an attorney prior to taking the any test to determine your BAC.

If you were not read your rights, any statement you may have made to the police can be suppressed.