Ocean City is known for sun, seafood, boardwalk fries, music, and fun nights out. But a fun night can turn stressful fast if you are pulled over and an officer asks you to take a breath test.
Many drivers think saying no to a breathalyzer will help their case. Some people also mix up the small roadside breath test with the official breath test given after an arrest. In Maryland, that mix-up can be a big deal.
If you refuse the official breath test, you can face penalties that are separate from your DUI or DWI case. Your license may be affected even if you are not found guilty in court.
This article gives general information only. It is not legal advice. If you are facing a DUI, DWI, or breath test refusal, talk to a Maryland DUI defense attorney about your case.
Why Breathalyzer Refusals Happen Often in Ocean City
Ocean City is a busy beach town. It has hotels, bars, restaurants, events, and lots of traffic. During summer, weekends, holidays, concerts, and car events, police are often watching closely for drunk or impaired driving.
DUI stops and breath test issues are common in Ocean City because:
- Visitors may go to bars, restaurants, clubs, or events before driving back to a hotel or rental.
- Police patrols often increase on weekends, holidays, and during the summer.
- Drivers may not know the local roads, one-way streets, bus lanes, or busy crosswalks.
- Many stops happen late at night near hotels, bars, restaurants, and beach roads.
- Out-of-state drivers may not know Maryland DUI laws.
- Some drivers think refusing a breath test means there will be no evidence.
- People often confuse the roadside breath test with the official breath test.
- Fear, stress, or confusion can lead to quick choices during a traffic stop.
- Officers may ask for more than one test, so drivers may not know what is optional.
- A refusal can affect both the court case and your license.
Ocean City may be fun, but Maryland DUI enforcement is serious.
What Maryland Implied Consent Means
Maryland has an implied consent law. This means that when you drive on Maryland roads, you are treated as giving consent to a chemical test in certain cases. This may happen if an officer has reason to believe you were driving under the influence or while impaired.
This does not mean police can force every driver to take a breath test for no reason. Most of the time, the official breath test is requested after the officer believes there is a legal reason to suspect impairment and after the driver has been detained or arrested.
If you refuse the official chemical test, the Maryland Motor Vehicle Administration, also called the MVA, can take action against your license or driving privilege. These MVA penalties are separate from the criminal court case.
This is one of the most important things to understand. The court case and the MVA case are connected, but they are not the same. You may face MVA penalties even if your criminal charge is reduced, dismissed, or handled in a better way.
Roadside Breath Test vs. Official Breath Test
One of the biggest issues in a Maryland DUI stop is knowing the difference between a roadside breath test and the official chemical breath test.
Roadside Preliminary Breath Test
A roadside preliminary breath test is sometimes called a PBT. An officer may ask for this test during the traffic stop before an arrest. It is often used to help the officer decide what to do next.
The roadside test is not the same as the official test after arrest. In many cases, refusing the roadside test does not bring the same MVA penalties as refusing the official chemical breath test.
Official Chemical Breath Test
The official chemical breath test is usually requested after an arrest or detention based on suspected impairment. It is done with approved equipment and formal rules.
Refusing this official test can lead to Maryland implied consent penalties. The refusal may also be used in the criminal case. A prosecutor may claim that the refusal shows you knew the test would hurt your case.
There may be other reasons for a refusal. A person may be scared, confused, sick, injured, or unable to understand the officer. There may be language issues, hearing problems, or unclear instructions. These details can matter.
What Can Happen If You Refuse a Breath Test in Maryland?
A breath test refusal can cause problems right away. If you have a Maryland license, the officer may take it and give you paperwork that acts as a temporary license for a short time. If you have an out-of-state license, Maryland may not take the physical license in the same way, but it can still limit your right to drive in Maryland.
Possible results of refusing the official breath test in Maryland include:
- Your Maryland driver’s license or Maryland driving privilege may be suspended.
- You may receive temporary paperwork that lets you drive for a limited time.
- You may face an MVA administrative suspension.
- A refusal may lead to a longer suspension than taking and failing the test.
- You may need to choose between asking for an MVA hearing or entering the Ignition Interlock Program.
- The refusal may come up in your DUI or DWI court case.
- The prosecutor may say the refusal makes you look guilty.
- Refusing does not stop the State from filing DUI or DWI charges.
- Out-of-state drivers may face problems in Maryland and in their home state.
- Commercial drivers may face serious license and job problems.
- Your insurance may go up if there is a conviction or reportable action.
- Missing MVA deadlines can lead to an automatic suspension.
In Maryland, deadlines are very important. Drivers usually have a short time to ask for an MVA hearing. Waiting until after vacation or after things calm down can be a costly mistake.
Maryland MVA Hearings After a Refusal
The MVA process is not the same as the criminal court case. Criminal court handles charges like DUI, DWI, reckless driving, negligent driving, and other offenses. The MVA handles your license or driving privilege.
At an MVA hearing, the issues may include:
- Whether the officer had a valid reason to ask for the test.
- Whether you were told about the penalties.
- Whether you actually refused the test.
- Whether the officer followed the proper steps.
Some drivers may be able to enter Maryland’s Ignition Interlock Program instead of fighting the suspension. An ignition interlock device makes you blow into a machine before your car starts. You may also need to blow into it while driving.
This is not fun, but it may let you keep driving under certain rules. The best choice depends on the facts of your case, your deadlines, and your driving needs.
Can You Still Be Charged With DUI or DWI After Refusing?
Yes. Refusing a breath test does not make the criminal case go away.
Police and prosecutors may use other evidence, such as:
- How you were driving.
- The smell of alcohol.
- Red or watery eyes.
- Slurred speech.
- Balance problems.
- Statements you made.
- Field sobriety tests.
- Body camera video.
- Dash camera video.
- Witness statements.
A DUI or DWI case can move forward even without a breath test number.
Still, the State must prove its case. A defense attorney may challenge the stop, the arrest, the officer’s report, the field sobriety tests, the video evidence, the warning given to you, or whether the refusal was clear and voluntary.
Sometimes the most important facts are not in the police report. They may be found in the video, the timing, the paperwork, or small details from the night of the stop.
Special Concerns for Out-of-State Drivers
Many Ocean City visitors come from Pennsylvania, Delaware, Virginia, New Jersey, New York, Washington, D.C., and other places. If you are not from Maryland, do not assume your home-state license protects you.
Maryland can limit your right to drive in Maryland. The MVA or court may also report the case to your home state. What happens next depends on your home state’s laws and licensing agency.
Ignoring a Maryland DUI or refusal case can make things worse. You may face license problems, warrants, failure-to-appear issues, or trouble fixing the case later. In some cases, a lawyer may be able to appear for you at certain hearings, but you should not assume that will always happen.
Common Mistakes After Refusing a Breath Test
It is normal to feel scared after a DUI stop. But panic can lead to bad choices. Try to avoid these common mistakes:
- Thinking refusal means there is no evidence.
- Missing the MVA hearing deadline.
- Ignoring the papers the officer gave you.
- Believing an out-of-state license avoids Maryland penalties.
- Posting jokes, videos, or stories about the arrest online.
- Talking about the case with police or others without knowing your rights.
- Driving after your temporary license period ends.
- Not understanding ignition interlock rules.
- Treating the MVA case and the court case as the same thing.
- Waiting too long to talk to a Maryland DUI defense attorney.
Social media deserves special care. If you were arrested, do not post about it. Prosecutors can read the internet too.
Possible Defense Issues in a Refusal Case
A refusal case is not hopeless. A lawyer may look at many issues, including:
- Whether the traffic stop was legal.
- Whether the officer had enough reason to arrest you.
- Whether Maryland rules were followed.
- Whether you were correctly warned about the penalties.
- Whether your refusal was clear.
- Whether you understood what was being asked.
Other facts may also matter. These can include medical problems, anxiety, injury, tiredness, language barriers, hearing problems, or confusion.
Field sobriety tests may also be challenged. The tests may have been explained poorly, shown the wrong way, or done under unfair conditions like bad weather, poor lighting, uneven ground, or heavy traffic.
Video can be very important. Body camera and dash camera footage may support what the officer wrote, or it may show something different.
What to Do After Refusing a Breath Test in Ocean City
If you refused a breath test, act quickly. Read every paper you were given. Save everything. Write down what happened while your memory is fresh.
Try to write down:
- Where you were stopped.
- What the officer said.
- What tests were requested.
- What you said.
- Whether you asked questions.
- Whether anyone saw what happened.
- Whether there may be video from nearby cameras.
Do not drive if you are not sure about your license status. Do not assume the case will fix itself. Make sure you understand both parts of the case: the criminal charges and the MVA license issue.
Cullen Burke, Criminal Defense Attorney, has more than 30 years of experience helping people with DUI, DWI, serious traffic charges, and criminal cases in Ocean City, Worcester County, and nearby Maryland communities.
Speak With an Ocean City DUI Defense Attorney
Refusing a breath test in Ocean City can affect your license, your court case, your insurance, your job, and your right to drive in Maryland.
Strict deadlines may apply, so do not wait.
To talk about your case, contact Cullen Burke, Criminal Defense Attorney at (410) 723-6500 or visit https://www.cullenburke.com today.
