What happens in Maryland if you refuse a breathalyzer?

???If you refuse to take a test to determine your blood alcohol or drug concentration, or take a test and fail it, the police officer will confiscate your driver's license (Maryland drivers only), issue a paper temporary license and prepare a case for the Maryland MVA file.

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Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer...

Maryland Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

Category:

Criminal - Driving under the Influence

State:

Multi-State

Control #:

US-02160BG

Format:

Instant download

Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.

Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Motion To Dismiss Criminal Charges For Failure To Follow Breathalyzer Protocols - DUI?

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FAQ

If you are convicted of an impaired driving offense, you face both criminal penalties and license sanctions. If you are convicted of Driving Under the Influence of Alcohol (DUI): For a first offense, you face up to a $1,000 fine and up to one year in jail.

If you plead guilty or a judge finds you guilty of a drunk driving offense, your arrest and conviction cannot be expunged. A probation before judgement (PBJ) cannot be expunged either, however, a PBJ does allow you to state truthfully on applications and in interviews that you have never been convicted of a crime.

Five Steps to Take after DUI Arrest Read all paperwork given to you by the police and/or commissioner. ... Request a hearing with the Maryland Motor Vehicle Administration (MVA) within 10 days following the date of your arrest. ... Don't sell yourself short ? contact the attorney you deserve.

???If you refuse to take a test to determine your blood alcohol or drug concentration, or take a test and fail it, the police officer will confiscate your driver's license (Maryland drivers only), issue a paper temporary license and prepare a case for the Maryland MVA file.

Motion to Dismiss a DUI in Maryland Lack of probable cause to arrest the client. Not providing proper discovery. Not having been brought the case within the statute of limitations for DUI cases. Other procedural issues.

Yes, DUI charges can be dismissed in Maryland. Your lawyer may be able to convince the State to do so based on a flaw in the prosecution, or by forcing a trial when the State is not prepared.

First DUI Penalties in Maryland A first-time DUI in Maryland carries a penalty of up to one year in jail and $1000 in fines. If a minor was in the vehicle at the time, a first-time DUI could result in a doubled penalty of two years in jail and $2000 in fines.