回應

Under Maryland law a DUI refusal can be considered a separate offense from the actual DUI or DWI citation under Transportation Article §21-902(g) if certain circumstances occur.  First, the State’s Attorney’s Office must provide notice to the defendant or the defense attorney of its intent to an seek additional penalty for the test refusal prior to the trial.  Second the person must actually be convicted of DUI or DWI, and third the judge or jury must be convinced beyond a reasonable doubt that the defendant knowingly refused to take the test.  If all these things occur a defendant may face an additional 60 days in jail and a $500 fine.