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Implied Consent

What Is The Implied Consent Law in Maryland?

Implied Consent: Breath, Blood, and Urine Tests


Understanding Maryland’s Implied Consent Law is essential for all drivers. This law requires drivers to submit to chemical tests if suspected of driving under the influence.

Under Maryland’s Implied Consent Law, drivers are required to submit to chemical testing if a law enforcement officer suspects them of driving under the influence (DUI) or driving while impaired (DWI). These tests include:

  • Breath Tests: Often administered roadside or at the police station, breath tests measure the Blood Alcohol Concentration (BAC) by analyzing a breath sample.
  • Blood Tests: Conducted at a medical facility, blood tests provide a precise measurement of BAC or the presence of drugs in the bloodstream.
  • Urine Tests: Less common than breath or blood tests, urine tests can detect drugs and, to a lesser extent, alcohol levels.

Refusal Penalties

In Maryland, refusing to submit to a chemical test when suspected of DUI or DWI can lead to significant penalties. Maryland enforces strict consequences for refusal, aimed at deterring impaired driving.

Administrative License Suspension

In Maryland, one of the immediate consequences of refusing a chemical test is the administrative suspension of your driver’s license. The penalties include:

During this suspension period, you may be eligible to participate in the Ignition Interlock Program, which allows you to regain limited driving privileges by installing an ignition interlock device in your vehicle.

Increased Penalties for DUI Conviction

In addition to the administrative penalties, refusing a chemical test can result in increased penalties if you are subsequently convicted of a DUI. These increased penalties may include:

  • Higher Fines: Courts may impose higher fines on individuals who refused a chemical test.
  • Longer Jail Sentences: Refusal can lead to longer jail terms, especially for repeat offenders.
  • Extended License Suspension: Beyond the administrative suspension, courts may impose longer suspension periods as part of the DUI sentence.
  • Mandatory Participation in Alcohol Education Programs: Refusal can result in mandatory enrollment in alcohol education or treatment programs.
  • Increased Insurance Premiums: Convictions and refusals can lead to significantly higher auto insurance rates.

Why Choose Richard Brueckner?

Richard Brueckner’s extensive experience as a former prosecutor and his award-winning practice make him the ideal choice for defending against DUI and DWI charges. Here’s why you should choose him:


  • Expert Knowledge: Deep understanding of Maryland DUI and DWI laws.
  • Former Prosecutor: Insight into prosecution strategies, allowing for effective defense planning.
  • Award-Winning Attorney: Recognized for excellence in legal practice.
  • Client-Focused: Committed to achieving the best possible outcomes for his clients.
  • Community-Oriented: Dedicated to serving the Ocean City community.

Local Resources for Legal Assistance

For more information on Maryland’s Implied Consent Law and related legal assistance, check out these resources:

Resource Link
Maryland Motor Vehicle Administration mva.maryland.gov
Maryland Courts mdcourts.gov
Maryland Department of Transportation mdot.maryland.gov
Ocean City Police Department oceancitymd.gov/oc/departments/police
Richard Brueckner, Attorney at Law ocdwilawyer.com

Frequently Asked Questions

Question Answer
Q: What is the Implied Consent Law in Maryland? The Implied Consent Law requires drivers suspected of DUI or DWI to submit to chemical tests such as breath, blood, or urine tests.
Q: What happens if I refuse a chemical test? Refusing a chemical test can result in administrative license suspension and increased penalties if convicted of DUI.
Q: Can I contest a license suspension for refusing a test? Yes, you can request a hearing to contest the administrative license suspension. It’s crucial to contact a lawyer immediately.
Q: What are the penalties for a first-time refusal? For a first-time refusal, the administrative penalty includes a 270-day license suspension.
Q: How does refusal affect a DUI case? Refusal can lead to harsher penalties in a DUI case, including higher fines, longer jail sentences, and extended license suspensions.

Facing a DWI or DUI In Worcestor County? Call The Top DWI DUI Lawyer Rich Brueckner at 410-430-1464 for help 24-7!

Understanding Maryland’s Implied Consent Law and the consequences of refusing a chemical test is vital for all drivers. If you are facing charges related to DUI or DWI, Richard Brueckner’s expertise and dedication can provide the legal support you need. Contact him today for a consultation and ensure you have the best defense possible.



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