Recent Development: Motor Vehicle Admin. v. Deering: A Driver Whose License is Suspended Under the "Implied Consent, Administrative Per Se Law" Is Not Entitled to Consult With an Attorney Before Deciding Whether to Take a Breath Test

Authors

Patrick Toohey

Abstract

The Court of Appeals of Maryland held the implied consent, administrative per se law (“administrative per se law”) does not require that a suspected drunk driver be given the opportunity to consult an attorney before deciding whether to take a breath test. Motor Vehicle Admin. v. Deering, 438 Md. 611, 637, 92 A.3d 495, 511 (2014). The court found that the due process clause of the Fourteenth Amendment of the United States Constitution does not establish a pre-test right to counsel for a suspected drunk driver in an administrative proceeding.

Recommended Citation

Toohey, Patrick (2014) "Recent Development: Motor Vehicle Admin. v. Deering: A Driver Whose License is Suspended Under the "Implied Consent, Administrative Per Se Law" Is Not Entitled to Consult With an Attorney Before Deciding Whether to Take a Breath Test," University of Baltimore Law Forum: Vol. 45: No. 1, Article 10.
Available at: https://scholarworks.law.ubalt.edu/lf/vol45/iss1/10