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  • Frank Benvenuto, P.A.

DUI Stop & Breath Test

Man stopped for DUI with breathalyzer test
DUI Stop..Should I take the breath test?

Many ask when I have been stopped for a DUI –

Should I take the breath test?

The answer to that is a two-edged sword on DUI & Breath Test

Because if you are over the limit and you take the test the State has the evidence to convict you; however, in Maryland, if you refuse the to take the breath test at the station the Motor Vehicle Administration will then seek to suspend your driver’s license or privilege for 270 days and although it is an administrative sanction it could affect your ability to drive.

Many people who have been stopped and charged with DUI offenses are pulled over as a result of the following traffic infractions:

· No headlights on

· Speeding

· Failure to maintain lane or traffic

· Swerving

· Going the wrong way

· Not using your turn signal

· Failure to stop at a stop sign

· Failure to stop at a cross walk

Just to mention a few…………………

Remember the Police Officer needs a reason to pull you over.

If I have been pulled over, many people ask me, if I'm stopped for a possible DUI “should I take the breath test?”

The answer on that question really depends on your state of intoxication or non- intoxication. If you take the test and fail it the State will have the evidence against you to convict you of driving under the influence or driving while intoxicated.

Have you been charged with a DUI/DWI or drugged driving? Call me today! I can help!

Let's discuss your case. I have over 30 years in criminal defense cases in Ocean City, MD!

Frank Benvenuto, P.A.

443-783-2451 - 24/7 Emergency Number

410-641-2999 - Office

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