What Takes Place Following A DUI Arrest in Prince George’s County
Immediately after you are taken off the road you will be placed in the back of the officer’s vehicle if you are being taken into custody. A local officer will take you to the precinct or if it is a state trooper you will be taken to the barracks. At this point they will do a formal breath test with the Intoximeter which you can either take or refuse. Some people are then transported to either Hyattsville or Upper Marlboro for processing, and are then either released with citations or released after seeing a commissioner, at which point you should contact a Prince George’s County DUI stops lawyer.
Refusal To Take a Breath Test in Prince George’s County
The number one thing to remember when you get your driver’s license and you put your signature on it, is on the back of your license it says, “Driving in Maryland implies consent to chemical testing and this testing is for intoxication as required by law.” It warns you that a longer license suspension may result on knowing refusal to be tested. So you are being forewarned that by refusing a breath test you will be facing immediate penalties.
The officer will take your license and you will still get the same 45 day temporary license. If you refuse the breath test you will receive an immediate 120 day suspension of your driver’s license on that 46th day after the 45 day license expires. If you do not want your license to be suspended for 120 days on the offense, then you can have one year of Ignition Interlock on your car.
Are There Any Benefits To Refusing a Breath Test?
The potential benefit is that there is no breath test score. It is hard to prove a DUI without a breath test. If there is no score, they cannot ascertain if you were under the influence or simply impaired. If you are not impaired and you are not under the influence then what are you? The score is very important. For example, a breath test score of .08 means you are simply impaired, but a score of .24 means you are driving under the influence, at three times the legal limit. The importance of knowing the number is why breath tests carry a great deal of weight in court. Without it all the police and prosecutors have is a bunch of zeroes.
So, refusing a breath test can absolutely help your defense. It is important to know there are penalties, however. There are risks and rewards to everything.
When To Contact An Attorney During a DUI Case
As soon as you someone is released from custody and are free to make a phone call, you should call so that you will have someone to protect your rights and ensure that your situation doesn’t get any worse. Additionally, an attorney will be able to advise you on what steps to take, and eventually help you prepare for trial, which will give you the best shot at beating your case.