Alcohol Breath Test & Arrest in Maryland
For the purposes of an MVA hearing in Maryland, police officers may request an alcohol breath test if they detect the smell of alcohol, even if there is no evidence of impairment. This is the result of a decision issued by Maryland’s Court of Appeals in Motor Vehicle Administration v. Spies. Although the Court did not say that the smell of alcohol, itself, satisfies probable cause for arrest, it does constitute reasonable grounds for the officer to request a breath test. Given that the breath test must be taken at the police station after the driver has been processed, a mere, moderate odor of alcohol, for all intents and purposes, can result in an arrest. Protect your rights – if you have been charged with DUI or DWI, call Azari Law at 301.362.3300 to discuss your case.