What Happens if I Refused a Breath Test at a Traffic Stop?

 Posted on November 07, 2026 in DUI / DWI

Refusing a breath test in a Maryland DUI stop can lead to very different results depending on which test you refused. Saying no to the small handheld test at the roadside usually carries no penalty. Refusing the official test after you’ve been detained can cost you your license for months and may be used against you in court.

If you refused a breath test in 2026, a Harford County, MD DUI attorney can explain which rules apply and what you can still do to protect your license.

Is It Illegal to Refuse a Roadside Breath Test in Maryland?

The first test an officer may offer is a preliminary breath test. Under Maryland Transportation Code Section 16-205.2, an officer who suspects drunk driving can ask you to take this test before making an arrest. The result is meant to guide the officer’s decision about whether to arrest you.

Refusing this preliminary test isn’t treated as a test refusal under Maryland’s implied consent law. Neither the result nor your refusal can be used as evidence against you in court. An officer can still arrest you based on other evidence, such as your driving, field sobriety tests, or the smell of alcohol.

What Happens if You Refuse a Breath Test After Being Detained in Maryland?

The second test is the one with real consequences. It’s usually given at the police station on a more precise machine. Anyone who drives in Maryland is considered to have agreed to this test if detained on suspicion of DUI (Maryland Transportation Code Section 16-205.1).

In most cases, you can’t be forced to take this test unless you were in an accident that caused someone’s death or a life-threatening injury. Police can also direct a blood test when a suspected impaired driver is unconscious or otherwise incapable of refusing, provided the test would not endanger their health. Refusing still carries consequences, though, including:

• A license suspension of 270 days for a first refusal
• A license suspension of two years for a second or later refusal
• A temporary license that lets you keep driving for only 45 days

These penalties come from the MVA (Motor Vehicle Administration), not the criminal court. They can apply even if you’re never convicted of DUI.

Can a Breath Test Refusal Be Used Against You in a Maryland DUI Case?

Unlike the roadside test, a refusal of the official test can be admitted as evidence in a criminal trial. A prosecutor may argue, for example, that you refused because you knew you were over the limit.

Refusing the official test can also add to your sentence. The State’s Attorney has to give notice of the alleged refusal for this to happen. If they do and you’re convicted of DUI or DWI and the judge or jury finds beyond a reasonable doubt that you knowingly refused, you may face up to two more months in jail, a $500 fine, or both (Maryland Transportation Code Section 21-902).

There are sometimes ways to challenge a refusal. Your attorney may look at whether the officer properly advised you of your rights and whether what you did truly counted as a refusal.

How Do You Keep Your License After Refusing a Breath Test in Maryland?

The MVA has primary control over whether you keep your license or not after an arrest. You have 10 days to request an MVA hearing and pay the $150 filing fee if you want to be allowed to keep driving until your hearing takes place. You can still request a hearing within 30 days, but after 10 days, you won’t be granted an extension for any temporary license issued (meaning you won’t be able to drive before your hearing).

Instead of a hearing, you may be able to join Maryland’s Ignition Interlock System Program for one year. An interlock device checks your breath for alcohol before your car will start. You’d have to choose this option within the same deadlines as above and surrender your license. In return, you can keep driving instead of serving the suspension.

Call a Northern Baltimore County, MD DUI Defense Attorney Today

After refusing a breath test, you can face serious consequences through both the MVA and the court system. These cases move on separate tracks with different deadlines. Our Harford County, MD criminal defense lawyer can help you with both.

Our firm has more than 15 years of experience and has helped over 10,000 clients with criminal defense cases. We offer custom flat fees and are available 24/7.

Call Baltimore Legal Services at 858-523-8423 for a free consultation.