A driving under the influence (DUI) can feasibly happen to any driver, even those who are not legally intoxicated. Highway patrol officers in Maryland and other states are permitted to make an arrest as long as a driver is seen driving dangerously and has any amount of alcohol in their system. Due to the subjectivity of this system, it means even you could find yourself arrested for a DUI unexpectedly. Do you know what to do afterwards to help protect your rights and driving privilege?
After a police officer states you are under arrest for a DUI, you should:
- Stop talking roadside sobriety tests: Police officers use field sobriety tests to try to collect evidence against suspected drunk drivers. At the same time, a driver can try to use them to prove their sobriety, although this is not recommended. If you have already been placed under arrest, there is no more reason to participate in optional roadside sobriety testing, as this can only further hurt your case.
- Stay quiet: You have the right to remain silent after being placed under arrest by a law enforcement officer. Do not just refuse to talk to them entirely, though, as this can be misconstrued under certain jurisdictions as an unspoken admission of guilt. Instead, state clearly that you would like to use your Fifth Amendment rights. This makes your intention clear, and lets the police know you are educated in your rights, as many defendants are not.
- Take mandatory chemical tests: At some point, you might be instructed to take a chemical test to gauge your blood alcohol concentration (BAC) level. Ask the administrator if the test is mandatory. If the answer is yes, you should probably consider taking it. Refusing a mandatory test can result in the immediate suspension of your driver’s license. The evidence gathered in such tests can later be challenged. However, you should know that police need a warrant to conduct a blood draw. If the administrator wants to take your blood for testing, you can ask to see a court approved warrant first.
- Ask for an attorney: When you are brought back to a police station for processing, you should be given one phone call right away. Use it to get into contact with a trusted DUI defense attorney, like those you can find at The Isak Law Firm.
Defense Lawyers Standing Up for Your Rights
When you need a Bel Air DUI defense attorney to fight on your behalf, call 443.233.6877 to connect with The Isak Law Firm. We have a reputation for client-focused advocacy and impressive case results throughout our combined years of legal experience.
We like to keep our clients up-to-speed with their case, which means they need to understand their charges. In Maryland, DUI and DWI offenses are categorized into three citations. 21-902(a1) describes the citation of driving a vehicle while under the influence of alcohol without a breath test; 21-902(a2) describes the citation of a DUI per se with a BAC recorded at 0.08 or higher; and 21-902(b1) describes the citation of driving while impaired (DWI) by alcohol with a recorded BAC level between 0.04 and 0.08. Making certain you know your charges and the citations is just another way we stand apart from other law firms and prioritize your case success.Find out about The Isak Law Firm and your rights during a free case evaluation