Walk It Through: Pulled Over In Maryland
A handheld phone, a breath test, the temporary license and the hearing.
Lights behind you on the beltway. The officer says the stop was for the phone at your ear.
Two things a person in this spot might do. Picking one shows what the law says about it.
One stop and its paperwork. Whether the stop was lawful, the criminal penalties for driving under the influence, and the ignition interlock program's conditions are not covered here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Driving under the influenceDriving or attempting to drive under the influence of alcohol, or under the influence per se. Up to 1 year or a $1,200 fine for a first offense, and higher when a minor is in the vehicle.
- Driving while impairedThe lower alcohol offense, carrying up to 2 months or $500 for a first offense.
- Implied consentAnyone who drives on a Maryland highway is deemed to have consented to a breath or blood test if detained on suspicion of impaired driving. A refusal suspends the license 270 days on a first offense.
- Temporary licenseThe license an officer issues on a refusal or a result of 0.08 or more, good for 45 days for a Maryland licensee.
- Handheld phoneA phone a driver of a moving vehicle may not use by hand except to start or end a call or turn it on or off. A first offense is a fine up to $75.