Second DUI charge - Refused station test

What is the name of your state? MD

I was convicted of my first DUI charge three years ago, and received a PBJ sentence for one year, and license suspension for what I believe was 90 days.

Yesterday, I was pulled over for speeding at 96mph. The officer did a field sobriety test, then asked me to blow in the portable DUI breathilizer. I DID take this test, and blew a .18. I was transported to the station for processing, and I REFUSED the station testing.

What am I likely looking at in this scenario.

1. Does the fact that I blew in the portable breathlizer, but not the station breathilizer, hold any special bearing?

2. Since my first charge was a PBJ, is this considered my first or second offense?

3. Will the speeding ticket play into this case?


Thanks for your responses in advance,

LegallySpirited

LegallySpirited said:

1. Does the fact that I blew in the portable breathlizer, but not the station breathilizer, hold any special bearing?

2. Since my first charge was a PBJ, is this considered my first or second offense?

3. Will the speeding ticket play into this case?

Click to expand...

1. You'll get an automatic suspension for refusal.
2. I think it's considered your first, but I don't really know. Check with someone else on that.
3. Yeah, you'll have to pay it.

Allow me to rephrase my first question:

I did refuse the station's breathilizer test, but I blew in the portable breathilizer. Is my result from the portable breathilizer admissible as evidence in the prosecution's case against me?

Thanks.

PBT results are admissible in court under some circumstances. A very quick google search revealed the following, although I can't speak to the completeness or accuracy of this list:

PBT results are admissible to:

(i) To determine the validity of an arrest.

(ii) As rebuttal evidence that the defendant's breath alcohol content was higher at the time of driving.

(iii) As rebuttal evidence that the defendant's breath alcohol content was lower at the time of driving.

Thanks for your responses.

Can anyone else answer my questions?

I also received a PBJ for a first DWI offense back in March. I was told that since a PBJ is not a conviction, your second offense will be considered a first, though you will not be given a second PBJ. All it means is that your sentence MAY be lighter. You more than likely will be convicted this time.
I was also told by the police officer that arrested me that the field breathalyzer results are NOT admissable in court, but according to the officer that arrested you, there was enough evidence to arrest you for DUI. You will get an automatic suspension for refusing the breath test at the station. I think it's 120 days (it may be 180, I am not sure) and you will not be granted a restricted license to drive during the suspension period.