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Good day, ladies and gentlemen. My name is Mark Rollins. I'm an attorney
here in Washington, D.C. I'm also practicing in the state of Maryland.
Today's question is: Should I take the breathalyzer?
You've been pulled over, and now the police officer has stopped you. This
scenario is in Washington, D.C. The question that you ask yourself now is:
Should you take the breathalyzer test?
Well, this is not an open and shut question anymore. It used to be, six
months ago, you'd take the breathalyzer test. But now, I think most
attorneys would side on the side of caution, because now if you take the
breathalyzer test and you blow above a 0.2, that's mandatory jail time. So,
although refusing to take the breathalyzer test will suspend your license
for one year, it's still better than having mandatory jail time over you.
So our advice would be, no, do not take the breathalyzer test.
Better not to submit to the breathalyzer test. Yes, you will have your
license suspended for one year for your refusal to take the breathalyzer
test. But, again, the result of not having to go to jail for any amount of
time is better. Now, that doesn't mean it may save you from jail, but at
least you're not mandatory. Mandatory would mean that the judge has no
discretion, and he must put you in jail, and that's even for a first-time
offender if you blew above a 0.2.
So, now in Washington, D.C., our recommendation would be not to take the
breathalyzer test, as you can see. Now, if you take the breathalyzer test
and you score below a 0.2, well, your license could still be suspended, but
only for six months. Whereas, if you fail to take the breathalyzer, then
your license could be suspended for one year. So you can see the difference
between the two.
I hope that helps, and, again, check in and subscribe to our channel. More
information to come. Thanks.