The Hidden Risks of Refusing a Breath Test in Maryland

 Posted on November 29, 2025 in DUI

Most Maryland drivers believe that refusing a breath test will actually protect them in a DUI case. After all, agreeing to a breath test only provides information that could convict you of DUI. While it is easy to see how this belief can make sense, under Maryland’s updated 2024 implied consent rules (Maryland Transportation Code Section 16-205.1), refusing a breath test can cause more damage than the arrest itself.

Maryland has some of the harshest refusal penalties, including mandatory ignition interlock requirements, harsh license suspensions, and a paper trail prosecutors can use to argue "consciousness of guilt."  In some cases, refusing a breath test can lead to worse outcomes than blowing over the legal limit. Speaking to a Montgomery County, MD DUI lawyer is the best step you can take to limit the adverse consequences of a refusal to blow and DUI charges.

What is Maryland’s Implied Consent Law?

Under Maryland’s implied consent law, driving on public roads means the driver will automatically consent to chemical testing if he or she is lawfully detained for suspected DUI. Officers are required to read the DR-15 Advice of Rights before requesting a chemical test, and as of 2024, the language has been updated to make consequences clearer – and stricter.

An officer cannot force a driver to blow into a breathalyzer, except in limited circumstances involving injury or a fatal crash. Refusal will trigger immediate administrative penalties and will not make DUI charges disappear. While portable roadside breath tests (PBTs) are optional and cannot be used against you, the official station test is admissible.

What Are the New 2024 Maryland Penalties for Refusing a Breath Test?

A first-time refusal triggers a 270-day driver’s license suspension and a mandatory one-year ignition interlock to continue driving. In many cases, no "work permit" is available in refusal situations. A second or subsequent refusal results in a two-year driver’s license suspension, a mandatory, long-term interlock device, and possible vehicle impoundment.

The State’s ignition interlock program is stricter, with tighter monthly service requirements, more sensitive "rolling retest" violations, and immediate reporting of tampering or missed tests. There may also be administrative actions for "insufficient breath samples." In many cases, the interlock requirements after refusal are harsher than the consequences for blowing above the legal limit.

How a Breath Test Refusal Can Backfire in a Criminal DUI Case

Most drivers expect that a refusal to provide a breath sample will weaken the State’s case, but in reality, the opposite is true. Prosecutors are allowed to argue "consciousness of guilt," which basically means that the driver refused to blow because he or she was guilty of driving while impaired. Judges are increasingly allowing juries to hear about a refusal, which can heavily sway them into a guilty verdict. A breath test refusal can limit opportunities for negotiated pleas, such as PBJ (probation before judgment). A refusal can also limit defenses because, without a BAC result, the defense cannot argue:

• Rising BAC
• Margin of error
• Faulty calibration
• Untrained officer
• Lack of impairment despite measurable alcohol
• Illness or medication led to a high BAC

Even when a driver beats the DUI charge in court, the driver’s license suspension from the MVA stands separately. An MVA hearing is often tougher after a refusal because the MVA only examines whether the officer followed proper procedures. The level of impairment or personal circumstances does not matter, and the officer does not need to prove the driver was impaired, only that he or she refused.

The 2024 updates also shortened the time to request a hearing and limited rescheduling.  Perhaps the only time a refusal in Maryland might make sense is when there is a concern about a dangerously high BAC that triggers extreme enhancements, or when an attorney has previously advised refusal based on specific facts or history.

Contact a Silver Spring, MD DUI Lawyer

If you are facing DUI charges or refusal penalties, it is beneficial to speak to an experienced Montgomery County, MD criminal defense attorney from The Law Offices of Gerstenfield & Demirji, PC.. We offer 24/7 availability, good relationships with prosecutors, are aggressive when necessary, and are fluent in Arabic and Spanish. Call 301-589-9500 to schedule your free consultation.