Refusing Blood or Urine Tests in Annapolis
In Annapolis, if a person refuses the blood, breath, or urine test, he or she suffers the consequences of refusing under the implied consent law. At this time, the implied consent law means that a person who is found to have refused one of those tests is subject to a suspension of their privilege to drive for up to 270 days for their first offense and even longer for subsequent offenses. That law will be changing in October of 2016.
Refusing a breath, blood, or urine test in Maryland, specifically in Annapolis, can have frustrating and potentially life-altering consequences. If you have refused one of these tests, it is important to consider contacting an Annapolis DUI lawyer to make sure you have a chance to fight the penalties associated with your charge. An attorney, who is experienced in DUI cases and in the Annapolis area, will be able to help you build a strong defense that can be very beneficial to your case.
First Refusal
If a person refuses one of these tests for the first time in Annapolis, they may possibly suffer the consequence of a suspension of their privilege to drive unless it can be demonstrated that their refusal was not one that was willful. If they are found to have refused the breath test, they face a suspension. However, they can petition for a possible modification to continue to drive by participating in the Maryland ignition interlock program.
Subsequent Refusals
On the second and third offense of refusing a breath test, blood test, or urine test in Annapolis, the consequences are a bit more serious. The government may seek a lengthier suspension. The period of participation in the ignition interlock may be extended as well.
How a Person From Out-of-State is Affected
A person from out-of-state can be affected by a DUI charge in terms of criminal court in the same way as a resident of the state of Maryland. The laws are the same for out-of-state drivers as well as state drivers in terms of the penalties associated with the case. Out-of-state drivers have an easier time than Maryland drivers when it comes to their driving privileges and the associated consequences because Maryland police officers do not have the power to confiscate an out-of-state driver’s license.
When a person is offered the chemical breath test, the Maryland driver has their driver’s license confiscated by a police officer if their levels are over the limit or if they refused at the time of arrest. An out-of-state driver does not have their driver’s license confiscated and faces only sanctions from Maryland regarding its in-state roadways as opposed to all roadways.
Since Maryland does not have power over the person’s out-of-state license, they could suffer sanctions from their individual state. Each state is different as to how they respond to out of state incidents. The person should consult with an attorney to explore the impact of the consequences to them outside of Maryland.