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I received my first DUI last evening in Baltimore City. I refused to do the breathalyzer test. What is the penalty?

Baltimore, MD |

This is my first DUI, i did refuse the BA. Will i lose my license? Do i need to atend a class? What are the chances of me getting a PBJ where i can drive to and from work?

Attorney Answers 2


You should probably consult with a DUI attorney immediately to protect your rights.

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Serves me right, sorry, I was in the process of logging in and it put my answer in before I was done with it. Anyhow, first the necessary disclaimer: I AM NOT YOUR LAWYER. No lawyer/attorney relationship is forming here, the following should not be relied upon as legal advice, I do not know enough about your situation from the above facts to be able to counsel you effectively, other than to tell you to seek a lawyer immediately.

You're going to want to talk to a Maryland lawyer who does DUI work immediately. You're under a time limit here—if you don't request a hearing within 30 days of your arrest, the applicable suspension is automatically imposed. Ideally, you're going to want to request a hearing within 10 days of your arrest. By requesting a hearing within that ten day period from the time of arrest, the hearing will be set for a date within 30 days of the MVA receiving the request, and your license will not be suspended until the hearing takes place, even if it takes more than 45 days. On the other hand, if you request a hearing after that first 10 days from time of arrest, but before the 30 deadline, your hearing will be set for a date within 45 days from the receipt of the request, AND THE SUSPENSION WILL NOT BE POSTPONED IF THE HEARING DATE IS AFTER THE DATE THE SUSPENSION BEGINS.

I see that this was posted 5 days ago and it happened the night before. See an attorney tomorrow if at all possible. If you can't see one in person because of the weather, get one on the phone. If you need a recommendation, try Leonard Stamm at Goldstein & Stamm. He's authored or co-authored some of the THE books on Maryland DUI law. (And no, I am not in any way, shape or form affiliated with him. He was one of the presenters in a course I took last month and I was impressed by his knowledge and experience.)

Right now, you're facing a 120-day license suspension for a first DUI offense. Because you refused to take the breath test, you are not eligible for a modification or issuance of a restrictive license-instead, you might be granted restriction requiring you to only drive vehicles equipped with an ignition interlock for a year, and this is something you should discuss with your attorney. But again, the clock is ticking on this.

I can't speak to your chances of getting a PBJ, I'm afraid. Frankly, I'm not sure. Leonard, or whichever attorney you choose to speak to, should be able to help you with that.

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