Motor Vehicle Administration v. Krafft

As part of the effort to detect drunk drivers and keep them off the State’s roadways, the General Assembly has enacted a statute known as “the implied consent, administrative per se law.” 1 That law authorizes a law enforcement officer who believes that an individual has been driving (or attempting to drive) while impaired by alcohol to ask the individual to take a breath test for blood alcohol concentration. If the individual refuses, the individual’s driving privileges in Maryland are automatically suspended for a time period specified in the statute.

The law allows an individual whose…