Your Rights During a DUI Traffic Stop in Maryland

In Maryland, DUI traffic stops are serious and can have significant consequences for those involved. Understanding your rights during a DUI traffic stop is essential to protect yourself and ensure that the process is handled lawfully and fairly. Knowing what to expect and how to respond can make a crucial difference in the outcome of your case. This comprehensive guide will walk you through the various stages of a DUI traffic stop, highlighting your rights and the legal procedures that officers must follow. By being informed, you can navigate this challenging situation more effectively and safeguard your rights.

The Initial Stop

When a law enforcement officer initiates a traffic stop, it is typically because they have observed behavior that suggests a violation of traffic laws or suspicion of DUI. The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures, which means that an officer must have a reasonable suspicion to pull you over. This could include erratic driving, speeding, or other signs of impairment. During the initial stop, you are required to pull over safely and comply with the officer’s instructions. It is important to remain calm and polite throughout the interaction.

Interacting with the Officer

Once you have been pulled over, the officer will approach your vehicle and ask for your driver’s license, registration, and proof of insurance. You are legally required to provide these documents. However, you have the right to remain silent beyond providing this basic information. Anything you say during the traffic stop can be used against you in court, so it is wise to be cautious about what you disclose. Politely informing the officer that you are exercising your right to remain silent can help prevent self-incrimination. It is also advisable to keep your hands visible and avoid making sudden movements to ensure your safety and the officer’s comfort.

Andrew D. Alpert

Founding Partner

Michael J. Schreyer

Founding Partner

Michael Berman

Attorney

Jason Miller

Attorney

Field Sobriety Tests

If the officer suspects that you are under the influence of alcohol or drugs, they may ask you to perform field sobriety tests. These tests are designed to assess your physical and cognitive abilities and include tasks such as walking in a straight line, standing on one leg, and following a moving object with your eyes. It is important to understand that you have the right to refuse these tests. Field sobriety tests are subjective and can be influenced by various factors such as nervousness, medical conditions, or even the weather. Refusing to perform these tests cannot be used as evidence of guilt, although it may result in the officer having probable cause to arrest you.

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Chemical Testing

If the officer believes there is probable cause to arrest you for DUI, they may request that you submit to a chemical test to measure your blood alcohol concentration (BAC). In Maryland, implied consent laws require drivers to submit to chemical testing, which can include breath, blood, or urine tests. Refusing to take a chemical test can result in an automatic suspension of your driver’s license and other penalties. However, you still have the right to refuse, and this decision should be weighed carefully considering the potential consequences. If you do choose to submit to a chemical test, it is important to know that you have the right to request an independent test at your own expense to verify the results.

Arrest and Post-Arrest Rights

If you are arrested for DUI, it is essential to be aware of your rights during and after the arrest. You have the right to be informed of the charges against you and to have an attorney present during any questioning. This is known as your Miranda rights. It is crucial to invoke these rights immediately and refrain from answering any questions without legal representation. Anything you say during this time can be used against you, so it is in your best interest to remain silent and request an attorney. Additionally, you have the right to a fair and speedy trial, the right to confront witnesses against you, and the right to present evidence in your defense.

Challenging the Stop and Arrest

There are several grounds on which you can challenge the legality of the traffic stop and subsequent arrest. If the officer did not have reasonable suspicion to initiate the stop, any evidence obtained during the stop may be inadmissible in court. Similarly, if your rights were violated at any point during the stop or arrest, this could also be grounds for challenging the case. An experienced DUI defense attorney can review the details of your case, identify any procedural errors or rights violations, and develop a strong defense strategy on your behalf. Challenging the stop and arrest can lead to the reduction or dismissal of charges, potentially saving you from severe penalties.

The Role of Legal Representation

Having  legal representation is crucial when facing DUI charges in Maryland. A knowledgeable DUI defense attorney understands the complexities of DUI laws and can navigate the legal system effectively. They can provide valuable advice on how to handle interactions with law enforcement, represent you in court, and negotiate with prosecutors to seek the best possible outcome for your case. Your attorney can also help you understand the potential consequences of a DUI conviction, including fines, license suspension, mandatory alcohol education programs, and even jail time. With the right legal support, you can build a robust defense and protect your future.

Verdicts & Settlements

DUI

All Charges Dropped

Found in his parked car with a friend and some open bottles, our client was facing a fourth DUI offense, along with 3 years of prison time and 2 more for probation violation. We didn’t back down in court, and the state dropped all charges after a short recess. Our client did not receive jail time, points, or probation – and he only paid a $50 fine.

DUI

Probationary Deal on a Second Offense

Our client had a .18 BAC in a notoriously heavy-handed jurisdiction, Harford County, where people can easily do 60 days active time on a second offense. Our firm negotiated a plea deal for our client that achieved no conviction, no points, and no jail. The Judge was incredibly impressed with the mitigation package we presented on behalf of client, who was very pleased with the results.

DUI

No Jail Sentence

Our firm secured a no-jail sentence for our client from a very tough Judge in Frederick County. Our client blew a .20 on a third offense, and the prosecutor was asking for active jail time. The Judge said the mitigation package we devised for the client made all the difference and led him to ignore the prosecutor’s jail recommendation in favor of just probation.

DUI

Charge Reduced

One of our DUI clients was facing up to 1 year in jail if convicted, plus $1000 in fines, 12 points on her driving record, and 3 years of supervised probation. By negotiating with the prosecution, we were able to secure a much better result. Our client did not receive a conviction, points, or jail time – instead, she paid only a few hundred dollars and received 1 year of unsupervised probation.

DUI

Not Guilty

After his fifth DUI charge, our client was facing up to 3 years in prison for a conviction. By showing that the field sobriety test result was affected by the client’s disability, our defense attorneys were able to secure a “not guilty” verdict on all counts, after the jury deliberated for only 12 minutes.

DUI

Probationary Deal on 6th Offense

After being arrested for their sixth DUI, our client faced 3 years in jail, up to $3,000 in fines, and a system inclined to award maximum penalties to repeat offenders. Our team managed to secure a probationary deal with no jail time for this client.

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Long-Term Consequences of a DUI Conviction

A DUI conviction in Maryland can have long-lasting effects on your life. Beyond the immediate penalties such as fines, license suspension, and possible jail time, a conviction can impact your employment, education, and personal relationships. A DUI conviction can result in increased insurance premiums, difficulty obtaining certain professional licenses, and a permanent criminal record that can affect your ability to find employment. Understanding these potential long-term consequences underscores the importance of mounting a strong defense and seeking legal representation to mitigate the impact of a DUI charge on your life.

Protecting Your Rights and Future

Navigating a DUI traffic stop and subsequent legal proceedings can be daunting, but understanding your rights and having the right legal support can make a significant difference. It is essential to remain calm and informed during a traffic stop, knowing that you have the right to remain silent and request an attorney. If you are arrested, invoking your Miranda rights and seeking legal representation immediately is crucial to ensuring your rights are protected. Challenging the legality of the stop and arrest can provide avenues for reducing or dismissing charges, and having legal representation can help you navigate the complexities of the legal system.

Contact Us Today

At Alpert Schreyer, LLC, we are dedicated to defending the rights of individuals facing DUI charges in Maryland. Our experienced attorneys understand the nuances of DUI laws and are committed to providing you with the best possible defense. If you or a loved one is facing a DUI charge, contact us today for a consultation. We will review your case, discuss your options, and work tirelessly to protect your rights and future. Do not navigate this challenging time alone; let our team provide the support and representation you need to achieve the best possible outcome.