Maryland Dui Plea Bargain
Some people are tempted to refuse to take a roadside test, particularly the breath test, thinking they’re protecting their Fifth Amendment Right of not incriminating oneself by withholding evidence that police will use against them.
As a stipulation of getting your driver’s permit or license, Maryland requires you to sign an agreement acknowledging that you know your driver’s license will be confiscated if you refuse the roadside breath test, even if you are not in violation of any law. Confiscation of your driver’s license is authorized based upon your refusal, not your level of impairment.
Probable cause
Don’t forget that if an officer pulls you over, he can ticket you for any violation he feels you’ve committed. Refusing the roadside tests will probably aggravate the officer. If you refuse to cooperate, you may be viewed being uncooperative.
Once a police officer begins speaking with you, he has an opportunity to smell the odor of alcohol, observe slurred speech, blood-shot eyes, and other key indicators of intoxication. If these indicators exist they give him probable cause to arrest you for an impairment-related offense. So, refusing to take the breath test won’t prevent your arrest, but it will compound the consequences of both.
The high price of refusal
In Maryland, the penalty for refusing a roadside test is an immediate 120-day suspension of your license. Any subsequent refusal will suspend your license for a full year, so you can see that even refusals stay on your driving record. If you depend upon driving for work or other critical needs, you will have to find alternative ways to get wherever you need to go. This is at minimum, a huge inconvenience if not an outright risk. Not only could it put your job in jeopardy if you don’t have reliable transportation, but because this goes on your driving record, it will most likely result in an increase in insurance rates.
Consequences are far more severe if you hold a commercial driver’s license. The first offense for a CDL holder is disqualification from driving a commercial vehicle for one year, or three years if you were hauling hazardous materials at the time you refused the test. Permanent disqualification for a CDL is mandatory upon any second incident of refusal to take a breath test. This penalty is imposed upon any CDL holder even when driving a personal vehicle. Losing your CDL would be the equivalent of a doctor or nurse having their license revoked. You’d not only be out of a job, you’d have to find a new career.
If you refused a roadside breath test, you’ll need and experienced Maryland DUI attorney to help restore your driving privileges. Please visit the website of Jimeno & Gray, DUI Lawyers in Maryland to have your case evaluated.
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If you refused a roadside breath test, you’ll need and experienced Maryland DUI attorney to help restore your driving privileges. Please visit the website of Jimeno & Gray, DUI Lawyers in Maryland to have your case evaluated.
Article Source: ArticlesBase.com – Refusal of Roadside Sobriety Test
