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Maryland Court of Appeals Rules Even People Not Driving Can Have License Suspended after Refusing Breathalyzer

A recent ruling from the Maryland Court of Appeals states that drivers who refuse a blood alcohol content (BAC) test can still have their license suspended, even if they are not actually driving or even attempting to drive at the time of their interaction with police.

Many motorists and activists have expressed their displeasure with the ruling, as they feel like they would still be punished, even though they have refrained from drinking and driving. In many cases, these are drivers who have put the vehicle into park, pulled off the roadway or simply sat behind the wheel in a parking lot. They argue that the law goes too far and charges people with crimes they have not committed.

Legal experts say the law does not only affect people driving a car, but also those who are in control of a motor vehicle in any way. With this ruling, the court is allowing Maryland police officers who reasonably suspect a person behind the wheel to be drunk to request a Breathalyzer test, even if the individual is not actually driving.

Know your rights when it comes to DUI

With how much the state of Maryland appears be cracking down on driving under the influence (DUI), it is important for people who are charged drunk driving to understand their rights and the defense options they have available to them. If a law enforcement officer fails to follow proper protocol, you could have your charges reduced or dropped.

To learn more about how to defend yourself against DUI charges, meet with a skilled La Plata criminal defense attorney at Mudd, Mudd & Fitzgerald, P.A.

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