Maryland’s highest court has held that the MVA can suspend your license for refusing a breath test, even if you weren’t driving OR even attempting to drive your vehicle.
The Court’s opinion stated that your driver’s license may be suspended if you refuse a breath test if the police “reasonably” believed that you were driving or attempting to drive. The high court overturned lower court rulings that held it had to be proven that you were driving or attempting to drive. Now, an officer just has to “reasonably believe.” It will be interesting to see how this interpretation of the statute manifests.
Our advice, if you’ve been drinking, don’t get behind the wheel of your car. Even if it’s to warm up while waiting for a cab or Uber, or if it’s to sleep it off. If you have to get in your car to wait or sleep it off, get in the back seat.