White Marsh, MD DUI Defense Lawyer
Attorney for Drunk Driving Defense in White Marsh, Maryland
The laws of the state of Maryland impose harsh consequences for those who are accused of driving under the influence (DUI). Drivers throughout the state may be pulled over and arrested for drunk driving, and White Marsh is no exception when it comes to the enforcement of DUI laws. Pulaski Highway (U.S. Route 40) is a major access road where police frequently patrol, particularly on weekends and holidays. Additionally, Philadelphia Road (Maryland Route 7) and White Marsh Boulevard (Maryland Route 43) are also common areas where DUI checkpoints may be established or where officers may conduct traffic stops due to suspicious driving behavior.
The authorities are vigilant in monitoring and apprehending people who are suspected of driving while impaired by alcohol or other substances. A DUI charge can be both frightening and overwhelming. For people in these situations, understanding what prompts a drunk driving stop, the types of tests that may be conducted, and how these tests can be challenged is essential.
What Actions Can Lead to a Drunk Driving Stop?
Police officers are trained to identify and respond to behaviors that may indicate that a driver is under the influence. A drunk driving stop is typically prompted by the observation of certain actions or patterns that suggest impairment. Common reasons for a DUI stop include:
- Erratic Driving: Swerving between lanes, sudden braking, or failure to maintain a consistent speed can be red flags for officers.
- Traffic Violations: Running a red light, failing to stop at a stop sign, or not using turn signals may prompt a traffic stop, during which an officer may suspect DUI.
- Accidents: Following motor vehicle collisions, especially during late-night or early morning hours, officers may investigate whether alcohol or drugs were involved.
- DUI Checkpoints: In some cases, police set up checkpoints to screen for intoxicated driving, especially on weekends or during holidays. At these checkpoints, all drivers may be asked to stop briefly, and officers may assess each driver's sobriety.
If an officer has reasonable suspicion of impairment or other violations of the law, they may initiate a traffic stop to investigate further.
Types of Tests Conducted During a DUI Stop
During a traffic stop, the investigating officer may request that the driver submit to various tests to determine whether they are under the influence of alcohol or drugs. The most common tests include:
- Field Sobriety Tests: These are physical and cognitive tests designed to assess a driver's coordination, balance, and ability to listen to and obey instructions. Field sobriety tests typically include the walk and turn, one-leg stand, and/or horizontal gaze nystagmus test.
- Breathalyzer Test: An officer may use a portable device that measures the alcohol concentration in a driver's breath. This is one of the most commonly used tools to estimate blood alcohol content (BAC), although the devices used during traffic stops will only provide an estimate of a driver's BAC rather than an accurate measurement.
Can These Tests Be Declined or Challenged?
In Maryland, drivers have the right to decline field sobriety tests or portable breathalyzer tests during a DUI stop, but doing so can come with consequences. The refusal to participate in these tests may cause an officer to suspect that the driver is intoxicated, providing them with probable cause to perform an arrest for DUI.
After being arrested for DUI, a driver may be asked to take a more substantial test to measure their BAC. This may include a blood test or breathalyzer test. Under Maryland's implied consent law, drivers who refuse these tests will face administrative penalties, and their driver's license will be automatically suspended. The length of suspension can vary, with a first offense resulting in a suspension of 270 days and a second offense resulting in a two-year suspension.
The results of different tests can be challenged in court. There are various ways in which our experienced DUI attorneys can contest the validity of these tests:
- Improper Administration of Field Sobriety Tests: These must be conducted under specific conditions to be considered valid. If a test was conducted on uneven ground, in poor weather conditions, or without proper instructions, the results might be unreliable.
- Breathalyzer Test Issues: The accuracy of breathalyzer tests can be affected by the calibration of the device, the qualifications of the officer administering the test, and even factors such as mouthwash or certain medical conditions.
- Chain of Custody in Blood Tests: The handling of blood samples must follow strict protocols to ensure that the results are accurate. A break in the chain of custody or improper storage of a sample could lead to the dismissal of the test results as evidence.
Contact Our White Marsh Drunk Driving Defense Attorney
Facing a DUI charge can be a daunting prospect, but with skilled legal help from Attorney Kirk Seaman, you can approach your case with a well-prepared defense strategy. Our team has extensive knowledge of Maryland DUI laws and a strong track record of defending clients against drunk driving charges.
The consequences of a DUI conviction can be severe, affecting your driving privileges, your finances, and even your freedom. Our knowledgeable White Marsh, Maryland DUI defense lawyers are here to provide the legal support you need. Contact us today at 410-837-6077 to schedule a complimentary consultation and learn more about how we can help defend your rights and your future.