It is a question that many drivers ask when they are pulled over because of suspected drunk driving: Do they have to take a breathalyzer test? In some cases, Maryland residents may be able to refuse a breathalyzer test, though that choice does come with consequences. Law enforcement officers may still be able to obtain a warrant for your blood, urine or breath even if you refuse a preliminary screening. Refusal may ultimately help your DWI case, though it could also lead to unnecessary license suspension.
The consequences for refusing a blood test are generally far less severe than those for a DUI charge. For example, refusing a test could lead to an automatic suspension for up to a year, depending on the number of previous violations. Thus, those drivers who may have a blood alcohol content far above the legal limit of 0.08 percent may be better served to consider breath test refusal, especially considering the penalties for high-BAC drunk driving.