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Is Maryland an implied consent state?

On Behalf of | Jun 4, 2024 | dui/dwi |

Maryland enforces a policy of “implied consent” in regard to testing for intoxication in motor vehicle drivers. This means that anyone who drives in Maryland automatically agrees to submit to chemical tests if a police officer suspects them of driving under the influence or while impaired by alcohol or drugs.

These tests can include breath, blood or urine tests. The implied consent law aims to deter impaired driving and enhance road safety.

How does implied consent apply during a DUI stop?

When a police officer stops a driver suspected of DUI, they will inform the driver of their rights and the consequences of refusing a chemical test. If the driver refuses to take the test, Maryland imposes strict penalties. For a first refusal, the driver may face license suspension for 270 days. For a second or subsequent refusal, the suspension can last for two years.

Can you contest a license suspension?

Drivers have the right to request a hearing to challenge a suspension. This hearing allows the driver to present evidence and argue against the suspension. However, the chances of overturning a suspension are generally slim unless the driver can prove that the officer lacked reasonable grounds to suspect DUI or did not follow proper procedures.

What happens if you take a chemical test and fail?

The consequences of failing a chemical test can also be severe. If a driver’s blood alcohol concentration is 0.08% or higher, they face an automatic license suspension. A first offense can result in a 180-day suspension, while subsequent offenses can lead to even longer suspensions or mandatory participation in an ignition interlock program.

The state takes DUI offenses seriously and has implemented these laws to reduce the number of impaired drivers on the roads. Compliance with the implied consent law not only helps avoid severe penalties but also promotes safer driving practices.



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