Getting stopped at a DUI checkpoint can be stressful. You might feel unsure about what to say, how to act, and whether you are obligated to cooperate with certain requests. In Maryland, law enforcement officers do have the authority to set up checkpoints to catch impaired drivers. However, that doesn’t mean you lose all your legal rights when you enter one of these roadblocks. If you’ve been pulled over at a DUI checkpoint and are now facing charges, it’s important to recognize you can likely still fight back. A trusted criminal defense lawyer can guide you through the legal process and help you understand every option. Below is an overview of Maryland DUI checkpoints and what you can do to protect yourself.
Why Does Maryland Have DUI Checkpoints?
DUI checkpoints (also called sobriety checkpoints) are places where police briefly stop drivers to see if they’ve been drinking, using drugs, or engaging in other criminal activity. Maryland law lets law enforcement conduct these stops under certain conditions. They must follow guidelines to ensure checkpoints aren’t carried out randomly or unfairly. For instance:
- The location and timing should be reasonable. Often, these checkpoints appear in areas known for higher DUI rates, especially during certain weekends or holidays.
- Drivers must be stopped in a neutral, predictable pattern (e.g., every third vehicle) so police can’t arbitrarily choose who to pull over.
- Signs and warnings are often posted before the checkpoint so you know what’s happening.
The purpose of these checkpoints is to deter drunk driving. But being pulled over at one doesn’t mean you’re automatically guilty.
Your Rights at a Maryland DUI Checkpoint
Even if you haven’t been drinking, you might feel anxious when an officer waves you to the side. Understanding your rights ahead of time can make the interaction less intimidating:
- You Have the Right to Remain Silent: You don’t have to answer every question about where you’re going or what you’ve been doing. However, you must provide basic identifying info, such as your driver’s license and registration.
- You Don’t Have to Consent to a Search: If police ask to search your car, you can politely refuse unless they have a warrant or believe there’s clear evidence of a crime in plain sight.
- Field Sobriety Tests in Maryland: You can refuse field sobriety tests (like standing on one leg or walking a line). But refusing might raise suspicion; the officer could still arrest you if they believe you’re impaired.
- Chemical Tests: If you refuse a breath or blood test, you might face an automatic suspension of your driver’s license. Maryland is an “implied consent” state, meaning you agree to chemical tests by driving on public roads. Still, some circumstances may warrant refusal, so seek legal advice quickly if that happens.
Try to be calm and polite. Getting angry or confrontational rarely helps. If you believe your rights were violated or are charged with DUI, contact an attorney for guidance.
Contact the DUI Attorneys at Alpert Schreyer Criminal Defense Attorneys in Maryland for Help Today
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a DUI attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, Waldorf, Annapolis, and Lexington Park, Maryland.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys – Lanham Office
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys – Frederick Office
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
Available 24/7
Alpert Schreyer Criminal Defense Attorneys – Rockville Office
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
Available 24/7