In Maryland you have the right to refuse the preliminary breath test (PBT) when you are pulled over for a suspected DUI or DWI. The refusal to take the PBT is inadmissible in all forums (Traffic Court, Before the MVA) and will not jeopardize your case. This initial refusal can work in your favor by giving you more time to help eliminate alcohol in your system. This additional time between when you are pulled over and when you arrive at the police station can possibly bring you under the legal limit for blood alcohol content.
The PBT refusal is different then refusing to take the Breathalyzer at the station once you been arrested. If you refuse the formal breath test once under arrest you are subject to a mandatory 120 day suspension for the 1st refusal. The penalty is increased to a mandatory 1 year suspension of your driving privileges if it is your second or more time being arrested for DUI or DWI and refusing the formal breath test once again.
It is not wise to refuse the formal breath test once at the station because it initiates a mandatory and unmodifiable suspension of your drivers license. By consenting to the breath test once at the police station and you are found over the legal limit the driver license suspensions are not mandatory and can be modified. A administrative judge at the office of administrative hearings has the ability to permit you to drive for employment, education and treatment purposes.
At the time of your stop for suspected DUI or DWI the officer can ask you to perform roadside sobriety tests (RST). These tests can involve the officer asking you to say the alphabet, walk in a straight line then turn, stand on one leg, and many other actions. Roadside sobriety tests are voluntary. You should always refuse these tests. Your refusal of RST’s will not harm your case if you are arrested. These tests are just another tool for the state to show your level of intoxication and increase the likelihoods of convicting you of DUI or DWI. The only time these tests (PBT and RST) are helpful is if you are stopped of suspected DUI or DWI and do not have any alcohol in your system.
