Archives for January 2021

Can You Refuse to Take a Breath Test in Maryland?

What Are the Consequences Under Maryland’s Implied Consent Law?

Breath Test Often, when you’re pulled over by law enforcement officers (regardless of the reason), one of the first questions the officer asks is “have you been drinking?” If you answer affirmatively, the officer may then ask you to submit to a breath test to determine whether your blood alcohol content exceeds the permissible legal level. Must you take the test? If not, what potential penalties can you face for refusing?

Under Maryland’s “implied consent” law, when you drive on the state’s roads, or apply for a driver’s license, you agree to take a blood alcohol content (BAC) test when requested by a police officer. However, except in situations where you are involved in an accident that causes injury or death, you may always refuse to take the test.

There are consequences to refusing to submit to a BAC test. Your license will be immediately suspended for a period of 270 days. You may not drive at all during the suspension, unless you appear at a hearing before the Motor Vehicle Administration, where you typically must to agree to have an ignition interlock system installed on your vehicle.

Aggressive Baltimore County DWI/DUI Defense Attorney

A longtime Maryland SuperLawyer, attorney Jonathan Scott Smith has provided strong legal counsel to criminal defendants throughout Maryland for more than 35 years. His skill, experience and knowledge have consistently led him to be AV-rated by other attorneys under Martindale-Hubbell’s Peer Review Rating System. The American Lawyer magazine has honored him as a “Top-Rated Lawyer.” AVVO has awarded him the Client’s Choice Award, with the highest rating possible (5 stars), as well as a 10.0 (Superb) rating as a trial attorney.

Attorney Smith tenaciously advocates for men and women facing any type of criminal prosecution, including driving while impaired or driving under the influence.He knows how to effectively gather and preserve evidence to support your acquittal and will always conduct a thorough investigation to confirm that law enforcement officers did not violate your constitutional rights.

Proven Maryland Drunk Driving Defense Lawyer

To schedule a confidential consultation to discuss your options after an arrest for drinking and driving, contact Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles DWI and DUI cases throughout Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County.


  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101