Supremes say blow or be arrested

Mark Rollins DUI

Supremes say blow or be arrested

Refusal to give Breath Test is a Crime in Some States

Now you can see why presidential election is so important as the Supreme Court took another slice out of the 4th Amendment with their recent decision in BIRCHFIELD v. NORTH DAKOTA.  On June 23, 2016 the Court held in Birchfield that drivers suspected of being intoxicated can be arrested for refusing breath tests.  The police do not have to obtain a warrant if they suspect drunk driving to order a breath test.      The Court concluded that pursuant to the search incident to arrest doctrine justifies “a full search of the person.”  However, the Court concluded that mandating blood test would require a warrant because it is more intrusive.  The Supreme Court decisions are law of the land.

Both District of Columbia and Maryland increases the penalties for refusal to submit to breath test but do not make it a separate crime in failing to submit.   Criminal Penalties for failure to submit to breath test applies to Alaska, Florida, Hawaii, Indiana, Kansas, Louisiana, Nebraska, Rhode Island, Tennessee, Vermont Virginia, Minnesota and North Dakota.  It should be noted that in Maryland and DC if you refusal it will have severe consequences on your right to have a driver’s license.

DUI in Maryland – Breath Test Refusal

Maryland has an Implied Consent Law which means that if you drive in Maryland it is implied that you will consent to breath, blood or urine test upon suspicion of DUI.   If you refuse to take chemical test in Maryland you may have your driver’s license immediately suspended for 120 days for a first offense.

DUI in District of Columbia – Breath Test Refusal

DC also has an implied consent law and if you refuse to take a chemical test your license will be suspended for 1 year. If you have been arrested for DUI and you refused to give a breath test give us a call.  We can help

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