A controversial bill under the "Drunk Driving Elimination Act" in Maryland is raising questions among DUI attorneys across the country. DUIAttorney.com reports that the bill would remove the right to refuse a breath test from any driver pulled over under suspicion of DUI if he or she is repeat DUI offender. The bill was proposed because some Maryland DUI offenders use chemical test refusals as a defense tactic to a DUI charge.
Attorneys and personal rights proponents have long defended the right for drivers to refuse breathalyzer tests. For the government to mandate drivers to take a breath tests is considered to be unconstitutional by many because it can be seen as an invasion of privacy.
However, in most states there are severe consequences when it comes to refusing a breathalyzer test. Arizona's Implied Consent statute, for example, states that "[a] person who operates a motor vehicle in the state gives consent...to a test...of the person's blood, breath, urine or other bodily substance," according to FindLaw Knowledgebase.
DUIArrestHelp.com reports that an Arizona law enforcer can immediately seize a driver's license if there is a chemical test refusal. An officer must however, advise the drivers of the driver's license suspension periods for test refusal.
Individuals in Arizona who have refused a breathalyzer test will likely need the help of an Arizona DUI attorney. People who refuse to take breath tests can still be charged with a driving under the influence if the law enforcer sees that the driver shows signs of impairment.
Related Resources:
- Implied Consent (LawBrain)
- Drunk Driving FAQ (FindLaw)
- Arizona DUI Attorney Directory (FindLaw)
