DUIs and Implied Consent in Maryland: Navigating Legal Obligations

Explore the intricacies of DUIs and Implied Consent laws in Maryland with Scrofano Law PC. Learn how these laws affect your driving privileges and what steps you can take if charged with a DUI in Maryland.

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What happens if you get stopped by law enforcement in Maryland on suspicion of driving under the influence (DUI)? 

Under the state’s laws, simply by operating a vehicle, drivers have given their implied consent to submit to chemical testing to determine their blood alcohol concentration (BAC) or the presence of drugs. Declining this test can lead to immediate and automatic penalties, but are you aware of the extent of these consequences and your rights in such situations?

The law indicates that refusing a breathalyzer or blood test during a DUI stop can have a pervasive impact on one’s driving privileges and legal standing. Maryland’s approach to handling such refusals is a critical piece of the puzzle for anyone navigating the complexities of DUI allegations. 

At Scrofano Law PC, we believe it’s essential to understand the significance of “implied consent,” as it directly influences your choices during a DUI stop and the subsequent legal process. We recognize that facing DUI charges is daunting, and rigorous defense plays a pivotal role in protecting your rights and driving privileges.

Thus, equipped with a keen understanding of Maryland DUI laws and a commitment to safeguarding our clients’ interests, we offer experienced legal support to those facing a DUI charge. Our stance ensures that anyone who seeks our guidance receives thorough, comprehensive assistance through the intricacies of their case with diligence and proficiency.

We invite you to schedule a consultation today

What is “Implied Consent”

Did you know that there are silent agreements in place for whenever you get behind the wheel? 

When you get a driver’s license in Maryland, you also agree to the state’s “implied consent” law, which might not be explicit but is as binding as any contract. This law stipulates that by driving, you consent to submit to a BAC test if you’re suspected of DUI. 

Implied consent is integral to Maryland’s efforts to deter and penalize drunk driving. For more information, we invite you to read Maryland’s Code of Transportation, §16–205.1, on how refusal to take a test relates to local DUI laws. 

The state dictates a BAC limit of 0.08%, and if law enforcement suspects that you’re driving above this limit, the implied consent law comes into play. What happens if you refuse the BAC test? According to the Maryland Department of Transportation, refusal can lead to immediate consequences, such as license suspension. This is separate from any DUI charges you might face.

During a DUI stop, officers are trained to follow procedures that protect your rights while enforcing the law. They can request a BAC test if there’s reasonable suspicion of impairment. At this point, your implied consent is assumed, and how you respond can significantly affect the legal outcomes you face. 

Knowing your rights if you’re pulled over for DUI can be crucial, but remember, refusal to comply with a BAC test can be seen as an admission of guilt in the court’s eyes.

When driving in Maryland, it’s essential to be aware that your license comes with certain conditions, like the implied consent law. It’s not just about following the rules of the road but also about understanding the legal obligations that come with the privilege of driving.

Consequences of Refusing a Breathalyzer Test

Refusing a breathalyzer test in Maryland carries stiff sanctions from the Maryland Motor Vehicle Administration (MVA)

The MVA states, “​​​If you refuse to take a test to determine your blood alcohol or drug concentration, the police officer will confiscate your driver’s license, issue a paper temporary license, and prepare a case for the Maryland MVA file.”

Administrative Penalties

First, refusing to submit to a breathalyzer test triggers an immediate license suspension. Maryland law enforces a mandatory suspension period, which includes harsh penalties.

  • First Offense: 120 days
  • Subsequent Offense: Increased suspension period

Legal Repercussions

Legally, refusing the breathalyzer does not shield one from DUI charges. On the contrary, it can be used as evidence of guilt, per Maryland’s Implied Consent Law. This stance is designed to admonish drivers who refuse to take these tests. Also, refusal can become a pivotal piece of a state’s case against you.

Long-Term Impact 

A refusal stains one’s driving record and can complicate future encounters with the law. Moreover, insurance premiums often skyrocket post-refusal, reflecting a heightened risk assumed by providers.

In short, anyone apprehended with suspicion of DUI faces a consequential decision, one that resounds through their driving privileges and records for years. It’s imperative to ponder the potential consequences of this choice, with awareness as our guide and foresight as our counsel.

Legal Defenses to Implied Consent Violations

Is it truly the end of the road if you refuse a breathalyzer in Maryland? Not necessarily. 

In the tapestry of law, legal defenses to implied consent violations add complex hues and patterns. Suppose you’re detained on suspicion of DUI and decide to refuse the DUI test. The consequences seem clear-cut, but even then, nuances exist to prepare a defense that may swing the balance.

We may primarily argue that the law enforcement officer did not have probable cause to initiate a DUI stop in the first place. Arguing the lack of a valid stop can be crucial, as any action following an illegal stop—including a refusal—could be invalidated.

Another potential defense revolves around the “confusion doctrine.” This doctrine applies when a driver is not fully aware of the consequences of refusal due to misleading or unclear information provided by the officer. If an individual misunderstands their obligations and rights, it could form the basis of a defense.

Thirdly, a subtle yet compelling defense could be the demonstration that the individual was not capable of giving consent, either because of medical conditions or lack of comprehension due to language barriers. These complexities can sometimes mitigate the outcomes of a refusal.

Lastly, it’s not enough to simply raise these defenses; one is required to effectively articulate and argue them in court. That’s where experienced legal representation comes into play. We place emphasis on tailored strategies, scrutinizing every detail that might tip the scales in our clients’ favor.

While these defenses don’t guarantee an acquittal or dismissal, they illustrate that the narrative is never as fixed as it seems. A violation isn’t a conclusive defeat; it’s a challenge that we understand can be met with thoughtful and strategic legal approaches.

Navigating the Legal System with Scrofano Law PC

Have you ever wrestled with the intricacies of DUI laws? The complexities can be as confounding as navigating a labyrinth. Implied consent laws impose hefty consequences for refusal to take a breathalyzer test, but understanding these laws is crucial.

At Scrofano Law PC, we practice dissecting the layers of DUI and implied consent regulations. Our attorneys offer comprehensive consultations that elucidate your rights and potential defenses. In the wake of an arrest, we understand that the legal ramifications can seem insurmountable, yet with our guidance, clients find clarity in the confusion.

Our adept attorneys, Paolo Gnocchi and Rubi Rivera-Miguel, stand with you at every juncture, from initial hearings to potential trials. We meticulously prepare for each phase, ensuring you’re informed and supported. Seeking dismissals or reductions, we strive to mitigate the impact on your life.

Here’s a quick summary of our services:

Our Services



Understanding the details of your case and providing legal interpretations.

Legal Defense

Elaborating defense strategies tailored to your situation.

Court Representation

Advocate on your behalf during court appearances, working towards the most favorable outcome.

Post-Trial Support

Continual support through sentencing, should it come to that, and any necessary post-trial motions.

In short, while we don’t promise miracles, we pledge diligent and ethical representation. You don’t need to travel this road alone. Let us shoulder the burden as you navigate Maryland’s complicated legal terrain.

Protect Your Rights with Skilled Legal Help

Facing a DUI charge in Maryland can be a harrowing experience. It raises a myriad of questions about one’s future and legal rights. Maryland’s implied consent law requires you to submit to a breathalyzer or blood test if you are lawfully arrested by an officer with reasons to believe you have been driving under the influence. In this landscape of legal complexities, it is crucial to seek legal counseling.

This is where Scrofano Law PC steps in, bolstered by a deep commitment to justice and a profound understanding of Maryland DUI laws. We aim to offer unwavering support and clear-headed counsel. 

We invite you to contact us. Allow us to take the wheel and steer your case with the precision and care it demands. Let’s navigate the legal system together. Contact us today for a consultation.


We fight for your rights!

Lysa S

Paolo Gnocchi is an excellent attorney. He offered sound advice and thoroughly explained the court process. If you are looking for professional representation and a reliable attorney that will advocate for you, Paolo is your guy. Joseph Scrofano and his team are all dedicated individuals. Hopefully I never need a criminal defense attorney again LOL, but if I do, Scrofano Law would be my choice!


Joe is amazing! Here’s the hard truth:

- 99% of cases that go court in DC end in convictions
- Last year there were 120 cases in DC and the conviction rate was 100%

Here is the good news, Joe represents people in DC and knows what he is doing! When I was charged with a crime that I didn’t commit, Joe went to work. Three years, a grueling court case, and one long battle later, I got to hear the words, “not guilty!” Joe didn’t just collect a retainer and show up on court date. He scrutinized every document in the case, subpoenaed the information he needed, and presented a perfect case of facts!

When you need someone that will fight for you and can actually win, Joe is the guy!!

Jacob Wilkerson

Joe is an incredible lawyer who goes above and beyond for his clients, and he does so because he genuinely cares about people. Joe knows that the justice system is stacked against the average person, and he does everything in his power to level the playing field for his clients by being a fierce advocate for justice and truth. I’ve met many lawyers in D.C., they’re everywhere around here, but Joe is of the rare variety that actually does it for the people and not the paycheck. We need more lawyers like him. And if you need a lawyer, he’s your best bet at getting a fair shot in an otherwise unfair system.