Find Out What Rights Police In Maryland Are Required To Advise Drivers Before Requesting An Alcohol Concentration Test If Arrested For A DWI

If you have been arrested in Maryland for suspicion of DWI or DUI, the police officer who has placed you under arrest will ask you to submit to an alcohol concentration test (most likely this test will be a breath test) in order to determine whether you are above the legal limit. Before asking you to submit to such a test, the police officer is required by law to advise you of all administrative consequences which could be imposed against your driver's license for either refusing a test or for submitting to a test with a result of .08 or above.

All police officers are provided copies of an Advise of Rights form, commonly referred to as Form DR-15. Form DR-15 contains all of the legally required rights to inform an arrested driver of all of the potential driver's license consequences associated with either refusing a test or having an alcohol concentration above a .08. The police officer is required to either read the form to you or provide you with the opportunity to read the form to yourself. Only after you have been properly advised of these administrative consequences can you make a knowing and intelligent decision to either take or refuse the test.

Listed below are some, but not all, of the administrative consequences a police officer must explain to a detained driver prior to requesting an alcohol concentration test:

1. If your test result is an alcohol concentration of at least .08 but less that .15 the suspension will be 45 days for a first offense and 90 days for a second or subsequent offense

2. If your test result is an alcohol concentration of .15 or more, the suspension will be 90 days for a first offense and 180 days for a second or subsequent offense

3. If you refuse to submit to a test, the suspension will be 120 days for a first offense and one year for a second or subsequent offense.

4. If your test result is an alcohol concentration of .08 or above but less than .15, the suspension may be modified or a restrictive license issued at a hearing in certain circumstances.

5. If you refuse a test, or take a test with a result of .15 or more, you will be ineligible for modification of the suspension or issuance of a restrictive license, unless you participate in the Ignition Interlock System Program.

6. Additional criminal penalties could be imposed for refusing to submit to an alcohol concentration test if you are convicted of an alcohol related offense.

If the police officer fails to properly advise you of the administrative consequences, you might have additional defenses to your case both in the District Court proceeding and at the MVA. To find out more information regarding advise of rights and other important DWI legal issues click here to download a free copy of our book "The ABCs of DWIs in Maryland."