In Maryland a person who is asked to blow into an Intoxilyzer at the police station has a right to speak to an attorney before deciding whether or not to blow into the machine, so long as it does not interfere with the timely taking of the test. This means that when the police as a driver to blow into the Intoxilyzer, it is almost always a good idea to ask to speak with an attorney. If the police officer denies that request and a suspect blows into the machine, the test result could be suppressed in court and the MVA may not take a person's drivers license. If the police officer denies the request to speak to counsel and a person subsequently refuses to take the Intoxilyzer test, then the MVA may not suspend that persons license.

The right to speak to counsel before deciding whether or not to take a breath test means that a person should be allowed to consult with counsel privately. Privacy means outside of the police's earshot, so that a person can have a free and frank discussion with their attorney before deciding whether or not to submit to the requested breath test. If an officer does not provide the suspected DUI driver privacy, this can act as a denial of the right to confer with counsel and can result in the breath test being suppressed at court, or the case being thrown out at the MVA hearing.