DUI Defense

    Pulled Over for DUI in Maryland: What To Do Right Now

    A smart response in the first minutes of a DUI stop can protect your rights, your license, and your future. Here's a step-by-step guide.

    December 15, 2024
    9 min read
    DUI Defense
    01

    Your Rights During a DUI Stop

    The actions you take in the first few minutes of a traffic stop can dramatically affect the outcome of any DUI charge. While you should remain courteous and cooperative, you are not required to provide evidence against yourself. In Maryland, field sobriety tests are voluntary, and you generally have a right to remain silent beyond basic identifying information.

    Politely provide license, registration, and proof of insurance—nothing more.
    Decline field sobriety tests (walk-and-turn, one-leg stand, HGN). These are optional and subjective.
    Ask whether you are free to leave; if not, calmly assert your right to remain silent.
    Do not argue, apologize, or attempt to explain. Everything is recorded and can be twisted against you.
    02

    Understanding Breath Tests

    Roadside preliminary breath tests (PBTs) are distinct from station or post-arrest chemical tests. Refusing a PBT may not carry the same administrative penalties as the official test administered after arrest, but every case is nuanced. If arrested, you'll face a decision about submitting to the official test—this choice carries serious license consequences.

    Immediate Steps To Protect Yourself

    Keep your hands visible and tone calm. Decline field sobriety tests—they're designed to make you look impaired. Request counsel before answering investigative questions. If arrested, request an independent test as soon as possible.

    03

    Common Mistakes That Hurt Cases

    Admitting to drinking "a couple" when bodycam is rolling.
    Allowing voluntary roadside tests or chatting your way into trouble.
    Posting about the stop on social media or contacting the officer later.
    Waiting to request an MVA hearing—deadlines come fast after arrest.
    04

    License Protection and MVA Hearings

    In Maryland, you may have as little as 10 days to request an MVA hearing to challenge a suspension. We move quickly to file, gather bodycam footage, and preserve favorable evidence. Many clients obtain restricted driving privileges while their case is pending.

    How We Defend DUI Cases

    We examine every detail: the basis for the stop, field test instructions, bodycam, machine calibration, medical explanations, and chain of custody. Many cases are won with targeted motions and negotiations long before trial.

    Sean Riley, Esq. — Criminal Defense Attorney
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    Common Questions

    Frequently AskedQuestions

    Q

    Should I take the breath test?

    It depends on your prior record and facts of the stop. Refusal can lead to longer suspensions, but high results can strengthen the prosecution. Call us before deciding if possible.

    Q

    Can I refuse field sobriety tests?

    Yes. They are voluntary and highly subjective, and refusal often improves your defense position.

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