What to Know About Maryland DUI Stops

If law enforcement stops you for impaired driving, you should act with extreme caution. There are specific actions that you should and should not take to avoid incriminating yourself any further. Speak with an experienced attorney to learn what to know about Maryland DUI stops.

Preliminary Breath Tests

Once law enforcement stops someone, they engage with the driver. If the officer suspects intoxication, they may ask the driver to step out of the vehicle to perform the standardized field sobriety tests and a preliminary breath test.

This is a breathalyzer test administered at the scene on the side of the road or where the stop occurred. If the accused is over the limit, the police officer would likely arrest this person. The result of these tests are not admissible in court, but the officers are allowed to use the result of that test to report the possible arrest.

It is important to mention that if the accused blows below the legal limit, they may still be arrested. The result of the breath test is just one factor. The law does not require that the person is over the limit to be guilty of driving while impaired or of another drinking and driving infraction.

After Arrest

If law enforcement decides to arrest someone, they transport this person to the police station. At the police station, they would likely be asked to blow into a breathalyzer. The result of this test, if administered properly, could be admitted into evidence at a trial.

Then, the person is processed and given documentation stating their charge of driving under the influence or driving while impaired. After a few hours, the person would typically be released and allowed to call a friend or family member to pick them up from the police station.

What Someone Can and Cannot Do During a DUI Stop

During a Maryland DUI stop, there are specific items a person should know to stay within the law while they talk to the law enforcement officer. It is important to mention that the driver could ask to speak to a lawyer at any time during the stop. They also have the right to refuse tests until they can consult with a lawyer. These same rules apply as soon as a person is in custody.

As soon as a police officer stops someone, and the police effectuate the traffic stop, that person is detained. They are not free to go without consequences. This person should not try to drive away from the police officer. If someone tries to flee, they are fleeing from a police officer, and this could result in serious consequences.

During a DUI stop, someone may refuse to answer any questions. The only obligation that a pulled over driver has is identifying themselves with a valid driver’s license and car registration. Beyond that, a person is not obligated to answer any questions.

When a person asks for a lawyer, law enforcement is not supposed to continue questioning this person. They could still effectuate an arrest, raise probable cause that the person is intoxicated, and prosecute them, but the person does not need to answer any questions.

Biggest Mistakes to Avoid During a DUI Stop

The biggest mistakes a person should know to avoid during a Maryland DUI stop is to prevent incriminating themselves by answering too many questions. Law enforcement may try to act as if they are on the same side, that they are trying to help, or that they are just trying to get information. However, they are trying to build a case against this person to prosecute them, send them to jail, and take their driving privileges away. The law does not put any obligation on a pulled over driver to assist law enforcement in those efforts.

A person accused of drinking and driving does not have to tell law enforcement where they were going, where they were coming from, what they had to drink, how much they had to drink, or with whom they had drinks.

A person may need to tell the police their name, give them proof that they are licensed to drive, and provide insurance and registration. Beyond that, the accused should not answer any more questions and should ask to speak with an attorney.

Contact an Attorney to Learn Information About Maryland DUI Stops

When someone is first pulled over for a suspected DUI, this is the first important moment that could affect their outcome. It is important to learn what to know about Maryland DUI stops. Consult with an attorney for more information and help on your case if you have been accused of driving while impaired.