Drunk Driving in Maryland: What You Should Know About the Breath Test (Part A)

When you are stopped under the suspicion of drunk driving in Maryland, you should know that you have legal rights protecting your license to drive and your freedom, but you also have responsibilities. To discuss your rights and responsibilities, you should schedule a consultation with a DUI attorney in Glen Burnie, Maryland.

If the police officer has any cause to think that you are intoxicated, he or she will ask you to perform field sobriety tests, which may include a breath test at the scene. By all means, you can refuse to perform these tests, although some drivers do agree to them.

When You’re Asked to Submit to a Preliminary Breath Test

If you decline to submit to the preliminary breath test (PBT) it won’t be admissible against you in Maryland court. On the other hand, if you do submit to the preliminary breath test, the results still won’t be admissible.

Whether or not you take the test, you have rights under Maryland law, and the police officer is required to inform you of these rights, generally in writing. If the police officer fails to inform you of your rights, this could be helpful in building your defense against drunk driving in Maryland.

Keep in mind that the preliminary breath test isn’t the same breath test that you may be asked to perform at the police department. Despite the results of your PBT, you will be asked to submit to another breath test at the police department after you've been informed of other rights you have under state law.

These additional rights should be presented to you on a DR-15 form. If you don’t receive these rights in a written format before a Breathalyzer test is administered, you’ll have more ammunition for your DUI defense, and it would be in your best interest to contact a DUI attorney in Glen Burnie, Maryland.

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