Breath Test Suspension
In Maryland, If you are stopped or detained and reasonable grounds exist to believe that you have been driving or attempting to drive while under the influence or impaired by alcohol and/or drugs, you will be asked to submit to a breath test. The results of the test or your refusal to submit to the test may have an impact on your driving privilege. According to Section 16-205.1 of the Maryland Transportation Article, if you refuse to submit to the test or if the result indicates an alcohol concentration of 0.08 or more, your Maryland driver’s license will be confiscated. An Order of Suspension will be issued which in most circumstances will act as a 45 day temporary license. The possible period of suspension is as follows: For a test result of at least 0.08 but less than 0.15: a 45 day suspension will be imposed for a first offense and a 90 day suspension will be imposed for a second and all subsequent offenses. For a test result of 0.15 or more: a 90 day suspension will be imposed for a first offense and a 1 year suspension will be imposed for a second and all subsequent offenses. For a test refusal: a 120 day suspension will be imposed for a first offense and a 1 year suspension will be imposed for all subsequent refusals.
If you wish to request a hearing to refute the findings, to refute the refusal, to request a restricted license or for any other reason, you most do so with 10 days of the Order of Suspension. Information on how to make such a request is contained on the back of the Order of Suspension. Whether such a request would be to your benefit should be considered on a case by case bases. Seeking the advice of an experience DUI/DWI attorney prior to making this important decision is imperative. Attorney Frank Henninger began practicing traffic defense and criminal defense in 1992 in Bel Air, Elkton, Towson and Harford County, Cecil County and Baltimore County and has represented hundreds of drivers at MVA hearings throughout the area. Contact us at the law firm of Henninger & Henninger, LLC, and let us help you with the pending license suspension. We provide defense for everyday people. For decades, our attorneys have helped clients get the successful resolutions that they deserve. Call us in Bel Air, Maryland, at (410) 836-5300