Your Legal Rights

Prior to any breathalyzer test being administered, an officer must advise you of your rights, which is done on a form called a DR-15. The DR-15, "Advice of Rights", attempts to explain the implied consent law and the consequences of taking or refusing the breathalyzer test. Arresting officers must read or explain the form to arrested drivers when they request to administer the test, and both the officer and the driver must sign the form. The form provides in part:

You have been stopped or detained and reasonable ground exist to believe that you have been driving or attempting to drive a motor vehicle under circumstances requiring that you be asked to submit to a test under S 16-205.1 of the Maryland Vehicle Law. In this situation, the law deems that you have consented to take a test to measure the alcohol concentration or drug or controlled dangerous substance content in your system. You may refuse to submit to the test(s), unless you were in a motor vehicle accident resulting in the death of or life-threatening injury to another person.

If you refuse to submit to the test, or submit to the test and the result indicates an alcohol concentration of .08 or more at the time of testing, your Maryland driver's license will be confiscated, you will be issued an Order of Suspension and, if eligible, a temporary license valid for 45 days. The following periods of suspension shall be imposed against your license or privilege to drive in Maryland:

  • If your test result is an alcohol concentration of at least .08 but less than .15: The suspension will be 45 days for a first offense and 90 days for a second or subsequent offense.

  • If your test result is an alcohol concentration of .15 or more: The suspension will be 90 days for a first offense and 180 days for a second or subsequent offense.

  • If you refuse to submit to a test: The suspension will be 120 days for a first offense and 1 year for a second or subsequent offense.

Najafi v. MVA, 2011 WL 288488 (Md. 2011).

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