Understanding Implied Consent During a Maryland DUI/DWI Stop

Do You Have to Submit to a Blood Alcohol Test When Stopped for Suspected DWI/DUI?

Understanding Implied Consent During a Maryland DUI/DWI StopWhen you’re stopped by a law enforcement officer, it’s fairly common for them to ask if you’ve consumed any alcoholic beverages. If you have and answer truthfully, the officer may ask you to take a blood alcohol test to determine if you are over the legal limit. If you test positive, it can be used against you in a criminal prosecution. Can you refuse to take the test? What are the legal consequences if you choose not to submit to a breath test?

In Maryland, as in other states, the legal concept of implied consent applies when you get behind the wheel of a car. Under this principle, simply by operating a motor vehicle, you are deemed to agree to submit to a blood alcohol test if requested by a police officer. Nonetheless, you still can refuse to take the test (and cannot be forced to do so), but you will face specific consequences:

  • Your driver’s license will be seized, and you will be issued a 10-day temporarylicense. Your license can be suspended for up to two years; and
  • Your refusal to take a breath test is admissible in court and may be used by the jury to determine guilt.

Experienced DWI/DUI Defense Attorney in Baltimore County

Attorney Jonathan Scott Smith brings more than 30 years of experience to individuals in Baltimore County and across the state of Maryland who have been arrested for or charged with impaired driving. Attorney Smith has been AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review System and has been listed as a Maryland SuperLawyer. An honoree of the AVVO Client’s Choice Award, with an average client review of 5 stars(the highest rating possible), Attorney Smith also has a perfect 10.0 (Superb) rating as a litigation attorney from AVVO. He was named a 2012 Top-Rated Lawyer by The American Lawyer magazine.

Attorney Smith will aggressively protect your rights in any criminal proceeding, from investigation and arrest to arraignment and trial, making certain there was probable cause and that all constitutional guarantees were followed. He’ll carefully investigate the details of your case in order to make the most compelling arguments in your defense. He’s a highly experienced trial attorney, with the skill, knowledge, and resources to protect your rights in any criminal matter.

Montgomery County Criminal Defense Lawyer

Contact criminal defense lawyer Jonathan Scott Smith online or call us at 410-740-0101 to set up an appointment. We handle criminal matters in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County in Maryland.


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

  • Call for consultation 410-740-0101