What Should I Do If I Have Been Pulled Over for DUI?
Steps to Take After a DUI Stop in Towson, MD
Being pulled over for driving under the influence (DUI) in Maryland can be a daunting experience. The consequences of a DUI charge can be severe, impacting your freedom, your driving privileges, and your future. Understanding what to do during and after a DUI stop is essential to ensure that you can protect your rights and build a strong legal defense.
If you have been charged with DUI, the team at Kirk Seaman, LLC can help you navigate the legal process effectively. Attorney Kirk Seaman will provide the guidance and support needed to challenge the charges and pursue the best possible outcome to your case. Regardless of what time your DUI stop happens, give our office a call at 410-837-6077 to discuss your legal options. We are available 24/7 to assist you.
What to Do if You Are Pulled Over for DUI in Maryland
Being stopped for a suspected DUI can be a nerve-wracking experience. Understanding how to navigate the situation can greatly impact the outcome of your case. Here are the steps you should take if you are pulled over for drunk driving in Maryland:
- Remain Calm and Polite: When you see the flashing lights of a police car behind you, take a deep breath and stay calm. Pull over to a safe location as soon as possible. Turn off your engine, roll down your window, and place your hands on the steering wheel. Being polite and cooperative with the police officer can prevent the situation from escalating. For example, if the officer asks for your driver's license and registration, provide them with these documents without making any sudden movements.
- Exercise Your Right to Remain Silent: You are not obligated to answer questions about where you have been or whether you have consumed alcohol. Politely inform the officer that you choose to remain silent. For instance, if asked how much you have had to drink, you can respond by saying, "I would prefer not to answer any questions."
- Decline Field Sobriety Tests: In Maryland, you are legally allowed to decline to take roadside tests that are meant to determine whether you are intoxicated. Field sobriety tests are subjective, and they can be challenging even for someone who is not under the influence. Refusing to participate in these tests cannot be used against you in court, and it is often advisable to decline.
- Consider Your Options for Chemical Testing: Under Maryland's implied consent law, drivers are obligated to undergo chemical testing, such as a breathalyzer, when an officer has probable cause to suspect they are under the influence. Refusing to take a chemical test after being arrested will result in an automatic license suspension. However, the refusal may limit the evidence against you in court. Consider the potential consequences before deciding whether to take the test.
- Request an Attorney: If you are arrested for DUI, ask to speak with an attorney immediately. This is your right under the law. Attorney Seaman is recognized as a skilled and experienced advocate, and he can guide you on what to say and do during the arrest process. For example, if the police continue to ask questions after you request an attorney, you should firmly but politely repeat your request, stating, "I would like to speak with my attorney."
- Document the Incident: After the stop, take notes on everything you remember about the encounter, including the officer's behavior, what was said, and any tests that were conducted. This information can be valuable in building your defense. For instance, if the officer failed to follow proper procedures, this could be a key point in your case.
Why You Should Contact a Maryland DUI Lawyer
Our experienced team can help you navigate the complexities of Maryland's DUI laws and develop a personalized defense strategy. Listed below are a few examples of how we can help protect your rights:
- Understanding Maryland DUI Laws: Attorney Seaman has an in-depth knowledge of Maryland's laws and legal procedures. This understanding is critical for identifying potential weaknesses in the prosecution's case and protecting your rights.
- Challenging Evidence: DUI cases often rely on evidence such as breathalyzer test results, field sobriety test performance, and police reports. We can scrutinize this evidence to identify inaccuracies or procedural errors that may lead to a reduction or dismissal of charges. For example, if the breathalyzer machine was not properly calibrated, the results may be invalid.
- Negotiating Plea Deals: In some cases, a plea bargain may be in your best interest. We can negotiate with the prosecutor to reduce the charges or penalties, potentially avoiding jail time or minimizing fines and other penalties. For instance, it may be possible to negotiate a reduction from DUI to a lesser charge such as reckless driving.
- Representing You in Court: If your case goes to trial, having a lawyer to represent you is crucial. With more than three decades of experience representing clients in DUI cases, Attorney Seaman can provide the representation needed to resolve your case successfully. He will present your case to the judge and/or jury, cross-examine witnesses, and argue for the best possible outcome based on the facts of your case.
Frequently Asked Questions About DUI Stops in Maryland
Answer: You can refuse to take a portable breath test conducted during a traffic stop without any penalties. You can also refuse to take a breathalyzer test after being arrested; however, this refusal carries consequences, including an automatic suspension of your driver's license. The results of a breathalyzer test may play a role in your defense strategy, so it is important to weigh the pros and cons carefully.
Answer: In Maryland, you are not legally required to submit to field sobriety tests. Refusing these tests cannot be used against you in court, which may benefit your defense. However, your refusal may result in an arrest for DUI, since an officer may believe that you knew that field sobriety tests would indicate that you were intoxicated.
Answer: You will not face any consequences for refusing a roadside breathalyzer test during a traffic stop. A portable breath testing device provides an estimate of your blood alcohol concentration, and its purpose is to provide a police officer with probable cause to perform an arrest for DUI. It is often advisable to refuse this type of test. However, refusing a breathalyzer test after being arrested can have both advantages and disadvantages. On the one hand, refusal will result in an automatic suspension of your driver's license. On the other hand, it may limit the evidence against you in court. This is a decision that should be made carefully, and you can consult with an attorney to determine your best options.
Answer: Yes, one possible defense in a DUI case is to challenge the legality of the traffic stop. If the officer did not have reasonable suspicion to stop you, any evidence acquired during the traffic stop may not be allowed in court. Our DUI defense lawyer can evaluate whether your stop was lawful and challenge it if appropriate.
Answer: Yes, even for a first offense, hiring a lawyer is advisable. DUI charges can have lasting consequences, and a lawyer can help mitigate these by providing a strong defense.
Contact Our Towson, Maryland DUI Defense Lawyer
If you have been charged with DUI in Towson, it is essential to act quickly to protect your rights and future. Our team can provide the experienced legal representation you need during this difficult time. Do not face these charges alone; reach out to our team today at 410-837-6077 to schedule a free, no-risk consultation. We are here to help you build a solid defense and protect your rights.