Trying to beat the breathalyzer test? If you are stopped for drinking and driving, here is what you need to know! 

Myth: If you are stopped for drinking and driving, you should refuse the breath test. 

Fact: It is critical to understand the intricacies of both breathalyzer tests and the potential consequences should you decide to refuse. During a traffic stop where you are believed to be driving impaired, law enforcement may request a roadside preliminary breath test, or PBT. In Maryland, this initial test is voluntary and cannot be used as evidence in court, but rather is an additional means, in addition to the field sobriety tests, for law enforcement to determine if there is probable cause for arrest. 

Ultimately, if you are arrested, the law enforcement officer will read your advice of rights regarding the breath test. You may refuse the breath test at the station, but that triggers a mandatory license suspension with varying degrees of severity depending on your record and the blood alcohol content, or BAC. 

If this is your first refusal, your license will be suspended for 270 days. If you have a CDL and refuse, you'll lose your CDL for a year if it's your first offense, or for a lifetime suspension if this is your second or more refusal. So, if you have a CDL, you should always take the test. 

However, you have the right to challenge the suspension by requesting an administrative hearing with the MVA within 10 days of your arrest. But, the challenge is limited to whether you were fully advised of the consequence of taking or not taking the test. You may also skip the hearing and request and install an ignition interlock in your car, which will allow you to get a new license with the interlock restriction on it. 

Administrative penalties surrounding a breath test are complex and confusing, especially since these are separate from whatever may happen in your court case. This is why immediate legal representation matters! Do not wait! Call 410-600-3075 to discuss your options and salvage your driving privileges!

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About: Hi, I'm Steve Rakow! I'm a criminal defense attorney based in Ocean City,  Maryland, also serving Salisbury and surrounding areas, including Worcester, Wicomico, Dorchester, Caroline, Talbot, Queen Anne's, and Somerset Counties.

I have 29 years of legal experience under my belt, both as a criminal defense attorney and as a prosecutor. Prior to attending law school, I served as an active duty Marine officer for five years, then served in the reserves for 15 years until retiring as a lieutenant colonel in 2007. Now, I bring that same fighting spirit and attention to detail to each case. I graduated from Chase College of Law at Northern Kentucky University in 1996 and practiced in Ohio before relocating to Maryland in 2000. 

If you or a loved one is facing criminal charges, call 410-600-3075 to discuss your options. I fought for my country, and now I will fight for you!