If you have ever been stopped at a DUI checkpoint, you may be feeling pressured by law enforcement, even if you are not under the influence. It can be easy to panic and do whatever law enforcement asks of you to avoid getting into any legal trouble. However, it is important that you are aware of your rights when at a Maryland DUI checkpoint. In order to be prepared the next time you reach one of these checkpoints, you should know the sobriety tests that are often used to determine if you can safely continue to operate your vehicle.
The Law Office of Hillel Traub has experience helping clients who have been arrested at DUI checkpoints in Maryland. If you are facing charges for a DUI, it is important you know what tests are used during Maryland DUI checkpoints and what your rights are at these checkpoints.
Table of Contents
- Can You Be Forced to Take a Test at a Maryland DUI Checkpoints?
- Common Tests Used During DUI Checkpoints in Maryland
- Get Help From a Maryland DUI Lawyer
Can You Be Forced to Take a Test at a Maryland DUI Checkpoints?
If you are out for a drive and you come up to a Maryland DUI checkpoint, you may be stopped by law enforcement if they suspect that you may be under the influence of drugs or alcohol. When you are stopped, the officers may request that you perform a variety of different tests to prove you are sober and can safely continue on in your vehicle.
While you may feel pressured by law enforcement officers to comply and take the tests, you can not be forced. It is your legal right to refuse these roadside tests. However, if you do refuse a breathalyzer test, this may result in the following legal consequences:
- Your license will be suspended for up to 120 days for the first refusal
- For a subsequent refusal, your license may be suspended for one year
If you refused to take a breathalyzer test at a Maryland DUI checkpoints and have had your license suspended as a result, you should contact a trusted DUI attorney who may be able to help have the penalties against you reduced or cleared.
Common Tests Used During DUI Checkpoints in Maryland
If you agree to comply with law enforcement and take a roadside sobriety test, here are several different tests that may be administered at the DUI checkpoints. These tests may include:
- Standing on one leg and holding the position without falling over
- Walking in a straight line, heel to toe
- The HGN test, horizontal gaze nystagmus
- A preliminary breath test or PBT
Besides the PBT test, these tests are often considered to be subjective and not reliable as evidence that a driver is guilty of driving while under the influence. This is because there are many other factors aside from being under the influence that could cause a person to fail these tests. People often fail sobriety tests at DUI checkpoints as a result of the following factors:
- Fatigue
- Stress
- Medical conditions
- Poor coordination
- Poor memory
- The officers did not provide proper instructions for the test
- The officers did not demonstrate the test properly
These tests cannot accurately determine whether or not a driver is intoxicated due to all the other outlying factors that could lead to an individual’s failure. If you have been charged after failing a sobriety test at a DUI checkpoint in Maryland, contact a DUI lawyer who has experience helping clients build their defense cases.
Get Help From a Maryland DUI Lawyer
The penalties of a DUI arrest can negatively affect you for the rest of your life. You may be feeling helpless as you try to understand what your next steps should be in building your defense case. Attorney Hillel Traub is experienced in Maryland’s MVA practices and in resolving traffic cases. The Law Office of Hillel Traub is proud to help clients with the dedicated legal representation they deserve. Reach out to us by filling out our contact form or give us a call at (410) 580-1100 for your free consultation.
