Is the Smell of Alcohol Enough to Suspend Your License in Maryland? 

Is the Smell of Alcohol Enough to Suspend Your License in Maryland?

<style=”font-weight: 400;”>Police officers periodically set up driving under the influence (DUI) checkpoints all across Maryland to combat drunk drivers and keep everyone safe. As long as you are sober, you should be fine. However, the smell of alcohol alone may be enough to face legal issues regarding your driver’s license in Maryland. If you face DUI charges in Maryland, contact Attorney Hillel Traub of the <style=”font-weight: 400;”>Law Office of Hillel Traub<style=”font-weight: 400;”>. He’s well-versed in fighting drunk driving charges, and he can help you understand the potential consequences of a conviction.

<style=”font-weight: 400;”>Can I Be Arrested If a Police Officer Smells Alcohol in My Car?

<style=”font-weight: 400;”>In September 2011, a Maryland Police State Trooper pulled over a driver for a traffic violation. The officer then detected a moderate amount of alcohol from the driver and asked him to complete a standardized field sobriety test. The driver refused, and there was also no indication that he had trouble driving. Additionally, there was no evidence the driver had slurred speech or difficulty walking and standing. Yet, the police officer detained the man, transported him to the police station, and demanded he take a breath test.

<style=”font-weight: 400;”>The man still refused, and his case eventually came before a Maryland court. He argued that there was not enough evidence of drunkenness to warrant a breath test. However, the <style=”font-weight: 400;”>Maryland Court of Appeals<style=”font-weight: 400;”> disagreed, holding that the smell of alcohol by itself was sufficient enough to require a sobriety test. Furthermore, the court stated that a police officer cannot arrest a driver solely on a moderate odor of alcohol on their breath.

<style=”font-weight: 400;”>What Are the Penalties for Refusing a DUI Test in Maryland?

<style=”font-weight: 400;”>The Court also ruled that an officer alleging the smell of alcohol is enough to suspend a driver’s license for 120 days. Refusing a breathalyzer test when a police officer has suspicion that you are driving under the influence results in an automatic 270-day license suspension. A second suspension can result in a one-year license suspension.

<style=”font-weight: 400;”>The only exception to having your license reinstated is to contact the <style=”font-weight: 400;”>Maryland Motor Vehicle Administration (MVA)<style=”font-weight: 400;”> within 10 days of the incident and request a hearing. If the MVA permits a hearing, they may reinstate your driving privileges if you install an ignition interlock device (IID).

<style=”font-weight: 400;”>Contact a Skilled Maryland DUI Defense Attorney Today

<style=”font-weight: 400;”>Whether an officer smells alcohol or you refuse a breathalyzer test, there will be repercussions that could affect your future. Even first-time DUI offenders will require the support of an experienced <style=”font-weight: 400;”>DUI defense attorney<style=”font-weight: 400;”> to achieve the best possible outcome for their case. <style=”font-weight: 400;”>Attorney Hillel Traub<style=”font-weight: 400;”> can explain your options and assess your case for potential defenses. He uses his former experience as an attorney for the MVA and crafts a robust defense for each case to protect his clients’ rights. To schedule a free consultation, call (410) 580-1100 or complete our <style=”font-weight: 400;”>contact form<style=”font-weight: 400;”>.