Attorneys

Police officers in Maryland typically use two breath tests. The first breath test is called a preliminary breath test (PBT) and it is done at the scene of the arrest with a hand­held machine. The officers simply use this machine to determine whether or not there is probable cause to make an arrest. You do not have to take this test. You are not entitled to see the results of this test. The results of this test cannot be used against you court. The next breath test is done under fairly strict conditions, usually in an office at a police station. Unless you have been involved in an accident involving death or serious injury, you do not have to take this test in Maryland. However, if you decide not to take the test you risk losing your license for at least one hundred twenty days for a first offense and one year for a second or subsequent offense. This suspension is can be modified only if the judge offers you the opportunity to participate in the ignition interlock program. This means that you would have to put a machine in your car which measures your blood alcohol level periodically. Note that the situation is radically different if you are a commercial driver driving a commercial vehicle at the time of the incident. Additionally, your decision not to take the test may be used against you in court. On the other hand, if you take the test in the result is over .08 blood alcohol level, then your license will be suspended for forty­five days for a first offense. However, this suspension can be modified such that you can go to and from work, to and from alcohol education and in some cases, to and from school. For second offense, your license will be suspended for ninety days and it can only be modified if you agree to participate in the ignition interlock program. Again, note that the situation is radically different if you are a commercial driver driving a commercial vehicle at the time of the incident. The test results will almost always be used against you court.