Maryland DUI checkpoint rights

Written by ruxandra

In Maryland, sobriety checkpoints are completely legal. These checkpoints are police traffic stops that are not necessarily tied to any individual or specific suspicions. The location of these checkpoints is chosen randomly, and the checkpoint is temporary. During the sobriety checkpoint, the drivers are interviewed and only in case of suspicion the drivers are subjected to a sobriety test. The purpose of these roadblocks is to clear the streets of the dangers of intoxicated drivers.  According to the CDC (Center for Disease Control and Prevention), these checkpoints prevent 1 out of 10 DUI caused deaths. But even at a checkpoint, you have a series of Maryland DUI checkpoint rights. If your rights are not respected, you can contact your DUI lawyer from Maryland.

What  constitutes a right DUI checkpoint

  1. The officers need to announce in advance. If a checkpoint is in your area, you will hear about it in a couple of ways: via newspaper, radio, and sign posts with the location and duration of the checkpoint. If the police station does not notify the public, the checkpoint is null.
  2. Uniformed officers need to be present. You should not be pulled over by a vehicle that is unmarked or by a person not in their uniform. The person stopping you must wear their uniform and always be prepared to show their identification.
  3. Choosing vehicles An officer cannot stop someone because they believe that person is impaired. They can, on the other hand, make another officer pull that vehicle over further down the line if they see signs of impaired driving.

What you have to do if you encounter a DUI checkpoint in Maryland

  1. Know what you have to answer. You need to know that you are ONLY required to respond to the questions regarding your identity. If the officer asks for your name and address, you should kindly provide them. But if they require answering questions regarding your whereabouts or where you are going, you are not obliged to answer. This is within your rights, and you can politely decline to answer.
  2. Always be prepared to call your DUI attorney from Annapolis. Sometimes, when you politely refuse to answer the policeman’s questions, they become suspicious and will try to find something to charge you with. That is why you should not give them any reasons to do so. If they try to arrest you, you should contact your DUI attorney from Annapolis.

Since 2015 the DUI Maryland penalties have changed

The offenders with a BAC (blood alcohol content) higher than .08 will have their license suspended for 6 months, for the first offense and one year for the second one.

For a BAC greater than .15 the DUI Maryland penalties state that the driver will lose their license for one year for the first offense or, for the second they will lose their license altogether.

But even if you did drink something, if your Maryland DUI checkpoint rights were not respected, you can build an MD DUI defense with your lawyer and recover your driver’s license.

If you need the best DUI lawyer from Maryland, you can call at (443) 569-3950 or email at [email protected]. You will receive a free consultation where you can start building your MD DUI defense.

 

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