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Blog 2016 April Stopped for DWI? Know Your Rights
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Stopped for DWI? Know Your Rights

Posted By William R. Hall, P.A. || 20-Apr-2016

Let’s start with the obvious: you should never drink and drive. Not only can drunk driving endanger your life and the lives of others, a conviction of driving while intoxicated (DWI) can bring serious consequences and negatively affect your life for years to come. With that being said, in the real world, you do not have to be legally drunk in order to be pulled over and charged with DWI. Even if you are behind the wheel with only a fractional percentage of alcohol in your system, you can still find yourself in handcuffs. Fortunately, by maintaining an awareness of your rights during a DWI traffic stop, you can minimize your chances of being wrongfully accused of DWI and stay out of trouble.

When Can I Be Pulled Over?

You may only be pulled over if a law enforcement officer has a reasonable suspicion to believe you may be doing something wrong, known as probable cause. A police officer must be able to see some visible sign of wrongdoing before stopping you, such as a busted taillight, erratic driving, or expired registration tags on your license plate. Otherwise, you may not be pulled over.

Should I Speak to the Police Officer?

It is important that you remain calm and compliant with the officer, but other than providing your identifying information, you do not need to answer any questions they may ask. The officer will likely ask you a series of questions in order to determine if you have been drinking, such as your destination, where you were previously, or flat out asking if you have had any alcoholic beverages. It is important you do not answer these questions and that you exercise your Fifth Amendment rights. Since anything you say can be held against you later on in court, it is best to just keep quiet.

The police will be on the lookout for the following signs of intoxication:

  • Bloodshot eyes
  • Slurred or confused speech
  • Smell of alcohol on your breath
  • Uncoordinated, jerky movements

Should I Take a Handheld Breathalyzer?

If you have not been arrested, you are not required to consent to any sort of handheld breathalyzer or roadside sobriety test that the officer may request. Like the questioning that likely precedes these them, field sobriety tests conducted only for the purpose of giving an officer probable cause to secure your arrest and only serve to hurt you in the long run. Do not consent to these tests, even if you think you may easily pass them.

This may frustrate an officer and prompt them to threaten you. If you are threatened to take a field sobriety test, clearly state that you will perform them but do not provide your consent. This statement can be used later in court to suppress the results of these tests. The only time you will be required to take a breath test is if you have already been arrested. Chemical tests in Maryland are mandatory and can bring a long driver’s license suspension if refused. If you are arrested, it is highly recommended you submit to a chemical test and get in touch with a skilled lawyer at your earliest convenience.

Can the Police Search My Car?

The police officer may wish ask to search your vehicle during this time, as they will be looking for open alcohol containers or drugs in order to pile more charges onto your situation. Police officers are not allowed to search your vehicle without your consent or a search warrant. Do not ever knowingly permit a law enforcement official to search your vehicle without a warrant.

Contact William R. Hall, P.A.

If you should ever be arrested for DWI, it is imperative you retain the services of a powerful criminal defense attorney as soon as possible to protect your future and freedom against serious consequences. At William R. Hall, P.A., our knowledgeable Salisbury DWI lawyers have handled more than 4,000 criminal cases and can provide the hard-hitting representation you need to maximize your chances of securing a favorable outcome for your situation.

Call (410) 205-1684 or schedule a no-cost, no-obligation case review today to get started.

Categories: Criminal Defense, DWI, FAQ

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William R. Hall, P.A. - Salisbury Attorney
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Attorney William R. Hall represents clients in on the Eastern Shore of Maryland, including Ocean City, Salisbury, Princess Anne, Snow Hill, Cambridge, Ocean Pines, Pocomoke City, Crisfield, Berlin, Easton, Assateague Island National Seashore, Talbot County, Dorchester County, Somerset County, Worcester County and Wicomico County.

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