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Court says no attorney before blood alcohol content test

On Jan. 24, 2014, we brought you the story of a case appealed by the Motor Vehicle Administration ("Maryland appeals court to hear case re blood alcohol content test"). A woman insisted on contacting a friend before giving her consent to a blood alcohol content test when she was pulled over for driving under the influence. As it turns out, her friend was an attorney.

The woman refused to submit the test right away because she wanted to speak with her friend. As a result, her driver's license was suspended. According to sources, a blood alcohol test is supposed to be administered within two hours of initial contact with police in order to receive an accurate result, which is why an individual's driver's license can be suspended for refusing to take the test as within that time frame.

In the case recently decided by the court, the MVA expressed concern that if a driver was allowed to speak to an attorney prior to giving his or her consent to take the test, the delay could affect the blood alcohol content test. The Maryland Court of Appeals recently made its ruling regarding this issue. The court denied drivers the right to consult an attorney prior to consenting to a blood alcohol test.

Anyone pulled over on suspicion of drinking and driving in the state of Maryland can refuse to give law enforcement officials consent to take a blood alcohol content test. However, that person's license could be suspended for refusing to do so. Every driver needs to be aware of their choices when it comes to being pulled over for drunk driving, and keeping up with any changes in the law or procedures law enforcement officials must follow could prove crucial to someone's case.

Source: wbaltv.com, "Md. high court rules on DUI rights prior to BAC testing", Katie Lange, May 22, 2014

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