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Maryland Breath Test Refusal Lawyers

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DUI Breath Test Attorneys in MD Experienced in Contesting Breathalyzer Results

Refused a breathalyzer test on Maryland’s roads? We know you're worried, and our Maryland breath test refusal lawyers are here to help. Maybe you were confused about your rights, or you didn’t trust the machine’s accuracy at the time. Now you're facing DUI charges—and additional penalties for refusing the test. The consequences are immediate and serious:

  • Your driver’s license may be suspended for up to 270 days for a first refusal
  • You may be required to install an ignition interlock device (IID)
  • You could face steeper penalties if convicted of DUI, including higher fines and longer jail time

We have helped hundreds of people who refused breath tests fight DUI charges—often getting them dismissed or significantly reduced. Schedule a free consultation to talk about your case. We turn seemingly hopeless situations into second chances.

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What Happens When You Refuse a Breath Test in Maryland?

When you obtained your Maryland driver's license, you promised to take a breath test if an officer suspects you're driving under the influence.

That’s why when you refuse a breath test, you face consequences:

  • The MVA will suspend your license for 270 days on your first refusal.
  • If it's your second time refusing, that suspension jumps to 2 full years.
  • You’d likely need to install an ignition interlock device (IID) in your vehicle for at least 1 year.

And your refusal doesn't make the DUI problem go away. In fact, refusal can make things worse. Prosecutors can use your refusal as evidence in court. Basically, they'll argue you refused because you knew you'd fail the test.

And if you're convicted of a DUI with a blood alcohol concentration (BAC) 0.08 or higher, you're looking at:

  • Up to a $1,000 fine
  • Possible jail time up to one year

If your BAC was 0.07 but less than 0.08, the penalties are less severe:

  • Up to a $500 fine
  • Possible jail time up to two months

If you had a child under 18 in the car, the penalties double:

  • Up to a $2,000 fine
  • Possible jail time up to two years

When Can You Not Refuse a Breath Test in Maryland?

If you've been in a traffic accident that caused a life-threatening injury or death, and an officer has reasonable grounds to suspect you were driving under the influence, you cannot refuse the test.

In all other situations, you have the right to refuse the breath test, though that refusal comes with penalties.

How Our Maryland Breath Test Refusal Lawyers Fight to Get Your DUI or DWI Charges Dropped

Every breath refusal DUI case is unique, which is why we build custom defense strategies for each client. Here's how we might approach your breath test refusal DUI case:

When There Was No Breath or Blood Test

If you refused the test and no chemical test was taken, your DUI becomes an opinion crime case. This means the entire case hinges on the officer's subjective opinion of how you looked, acted, and performed on field sobriety tests.

You don't have to prove anything. The State of Maryland carries the burden to prove that:

  • Your blood alcohol level was .07% or higher
  • You lost your mental or physical abilities because of alcohol

Without scientific evidence of your BAC, our Maryland breath test refusal lawyers can make the prosecution struggle.

When There Was a Breath Test

If you initially refused but ended up providing a breath sample, we scrutinize every detail of that test:

  • Was the breathalyzer properly maintained?
  • Was the machine operating correctly at the time of your test?
  • Did the officer follow proper protocol, such as waiting for a certain period and ensuring you didn't have gum or other substances in your mouth?

Breathalyzer machines aren't perfect. If proper procedures weren't followed, our Maryland breath test refusal lawyers can argue to have the test results thrown out entirely.

Additionally, Maryland law requires breath or blood tests to be administered within two hours of when you were detained. If your test fell outside this window, it can work in your favor.

If you're facing DUI charges for refusing a breathalyzer test, don't wait to get help. Contact us today for a free, confidential case evaluation.

Why Maryland People Turn To Maronick Law LLC for Their Breath Test Refusal DUI Case

Our DUI breath test attorneys in MD know how to help you through this tough time and fight for your rights.

We Know Both Sides

Our firm is unique because we truly understand how DUI cases work. Thomas J. Maronick Jr. spent many years as a police officer before becoming a lawyer. This means we know exactly what should happen during every step of a DUI stop. We find problems that other lawyers miss.

We Provide Comprehensive Support

When you hire us, you become part of our family. We study every detail of your case, from the moment you were pulled over to the last breath test. We can bring in forensic experts who can tell when tests aren't reliable. Our approach has helped many clients avoid serious charges.

Our Track Record

People trust us because we work hard:

  • Ranked among Maryland's Super Lawyers 2025
  • Perfect rating from Avvo, legal directory
  • Named to America's Top 100 Trial Lawyers list

With over 80 years of experience, we've helped thousands of people protect their freedom and their futures:

  • ★★★★★

    I recently had Mr. Maronick represent me for my first DUI case. I was very nervous about it because of the results of the DUI incident. The outcome that I was initially looking at was jail time, high fines and a license suspension. He got me out of jail time, I got probation, and the fines were thrown out. All I ended up having to pay were court costs. He really did his job, and I am very appreciative of that. I highly recommend him to be hired for your DUI case or any others you may have.

    Myeshia
  • ★★★★★

    Late last year I found myself in a position that I clearly had no ability to get out of on my end. Yes, you guessed it right I caught a DUI. Feeling ashamed and embarrassed I immediately put those feelings to the side and contacted the Maronick Law Firm. From the initial consultation, Tom made me feel at ease about my situation and instructed me on everything to do before my court date I ended up getting the DUI charge dropped to a PB - no points on my license or charges on my record, just a fine and 2yrs probation. To anyone going through a similar scenario, I highly recommend you reach out to the Maronick Law Firm.

    Brandon
  • See All Client Reviews

Don't let DUI charges control your life. Discuss your case with our DUI breath test attorneys in MD to see how we can help you fight these charges.

Take the First Step — Speak with Our Maryland Breath Test Refusal Lawyers Today

If you've refused a breathalyzer in Maryland, you're already facing steep penalties—including a suspended license, potential jail time, and long-term consequences that can impact your job, your reputation, and your freedom. Don’t face this alone.

At Maronick Law LLC, our breath test refusal attorneys are ready to help you turn a difficult moment into a second chance. With offices in Glen Burnie and across Maryland, we’ve successfully defended clients in Anne Arundel County, Baltimore County, Montgomery County, and beyond—including cases where prosecutors sought the harshest possible penalties.

Why Contact Us Now?

  • Time-sensitive: Your right to challenge license suspension or fight your DUI charges depends on quick action.
  • Free, confidential consultation: No obligation. Just straight answers and a clear strategy.
  • Proven defense: We’ve helped hundreds of clients beat or reduce DUI charges—including cases involving breath test refusals.

Whether your charges involve a first-time DUI, a repeat offense, or refusal of a breath or blood test, we will examine every aspect of your case for errors, missed procedures, or violations of your rights—and fight hard to have the evidence suppressed or the charges reduced.

Call us today at 443-351-6657 or contact us online to schedule your free consultation. Let Maronick Law LLC protect your record, your license, and your future.

Frequently Asked Questions About Breath Test Refusal in Maryland