When you are pulled over for a DUI stop in Maryland, it’s easy to panic, regardless of whether or not you have been drinking. Understanding your rights in a DUI stop is essential to ensure that you do not unintentionally reveal information or imply fault. We can help you protect yourself and avoid jeopardizing your case.
You Have the Right to Remain Silent
Almost anyone who has watched television and movies has heard about the “right to remain silent,” and it is one of your rights in a DUI stop. This right is protected by the fifth amendment of the United States Constitution, which gives you protection against being compelled to say things that might incriminate yourself. It’s important to know that this right to silence is not the same as a right to being silent at all times. You must invoke your right to silence—you cannot simply stay silent. How can you invoke this right?
- “I will not speak until I have the opportunity to speak to my attorney.”
- “I am invoking my Miranda”
- “I am exercising my right to remain silent.”
You Have the Right to Avoid Unreasonable Search and Seizure
Another one of your rights in a DUI stop is granted by the fourth amendment, the protection against unreasonable search and seizure. This means that you do not have to voluntarily submit to the police searching your car. However, particularly in a DUI, the police can search without a warrant if there is evidence of a crime in plain view. For example, if you have a visible bottle of wine or an open container in the car, the police do not need your permission or a warrant to complete a search.
You Have the Right to Refuse Field Sobriety Testing
You do have the right to refuse to submit to testing, including blood testing, breath testing, and field sobriety testing. However, before you act on this right, it’s important to understand that it does not come without consequences. First, if the police want to test you, they can obtain a warrant for your blood test results. Additionally, if you refuse testing, the police officer will take your Maryland license, give you a paper temporary license, and create a case for the MVA to review. As a result of your refusal, you may receive a 270-day license suspension or 2 year license suspension for a second or subsequent offense.
Contact Mobley & Brown, LLP to Protect Your Rights in a DUI Stop
If you want to make sure that your family and friends receive your assets as soon as possible after passing, contact Mobley and Brown, LLP today. We are committed to using our experience along with facts from your specific case in order to achieve the result you deserve. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.