Should You Take the Breath Test if Arrested for DUI in Maryland?

Frank Benvenuto, P.A.
1 day ago
2 min read

Rule of Thumb:

If you had two or fewer beers, consider taking the breath test.
If you had three or more drinks, it may be better to politely refuse—but there are important caveats to keep in mind.

1) Refusing at the Station — 270-Day Suspension

Refusing the breath test at the police station triggers an automatic 270-day license suspension for a first offense, under Maryland’s implied consent law.

A second or subsequent refusal? That could mean up to two years of suspension.

Roadside refusals (like refusing a preliminary breath test) do not invoke the same automatic penalties—but again, they aren’t without consequences and may affect your arrest and prosecution.

2) “Two or Less Is Safe”—But Alcohol Type Matters

This rule of thumb typically refers to beer. Liquor is often stronger, and even two mixed drinks might push your BAC over 0.08. When in doubt, know your limits—and think twice before taking the test if you’re unsure.

3) Taking the Test—.08 or Higher Results in 180-Day Suspension

If you do take the breath test at the station and your BAC is 0.08% or higher, the MVA will issue a 180-day license suspension for a first offense.

BAC between 0.08% and 0.14% → 180 days suspension.
BAC 0.15% or higher → usually the same 180 days for a first offense, but can extend to 270 days for repeat offenses.

4) Refuse vs. Take: The Admin Trade-Off

Taking the test puts firm BAC evidence on the record—but you avoid the steeper 270-day refusal penalty.
Refusing means the government lacks BAC evidence—but your license suspension is significantly longer and almost immediate. Your ability to drive again could depend on field sobriety test outcomes and hearing results.

In either scenario, you can request a hearing with the MVA (ideally within 10 days) to ask for a restricted license or challenge the suspension.

5) Ignition Interlock and “Noah’s Law”

Even if you refuse the test or blow over the limit, you may be eligible for a restricted, ignition-interlock–only license—requiring you to blow into a device before your vehicle starts.

Maryland’s enhanced “Noah’s Law”, effective since late 2024, mandates the installation of an ignition interlock device for all drivers convicted of alcohol-related offenses—even those with probation before judgment.

Scenario	Penalty / Outcome
2 or fewer beers → take test	Potential 180-day suspension (if BAC ≥ 0.08%)
3+ drinks → refuse	270-day suspension (first offense)
Second refusal	Up to 2 years suspension
BAC ≥ 0.08 & < 0.15	180-day suspension (first offense)
BAC ≥ 0.15 or second offense	May result in 270-day suspension
Refuse or high BAC	Interlock-only eligible; restricted license possible
Noah’s Law (post-2024 conviction)	Interlock required regardless of pl