Biggest Mistakes To Avoid At a Maryland DUI Stop
Due to the severity with which DUI cases are prosecuted in Maryland it is important that if you are pulled over you do nothing that can make your situation worse. Below, a Maryland DUI lawyer discusses the biggest mistakes you should avoid when being stopped by police and the impact they can have on your case.
To learn more about DUI stops in Maryland or to begin building a defense for your case, call and schedule a consultation today.
Mistake 1: Taking The Breathalyzer Before Contacting An Attorney
One of the biggest mistakes is not asking to speak with an attorney prior to deciding whether or not to take the breathalyzer test. This is a big deal in a DUI case because there are so many consequences that a driver can face regarding the breathalyzer test. For example, the driver would need to understand that if they refuse to take the breathalyzer test, as a Maryland driver, then that can lead to a suspension of their privilege to drive. The driver also should understand that depending on the breath test result, that those test results potentially could be used against the defendant at trial for the DUI.
The breath test results also has an impact at the MVA as to whether or not the driver’s privilege to drive is going to be suspended. There are so many consequences that it really make sense to ask to speak to an attorney and have the attorney be able to talk them through whether or not to take the test or not and what the possible consequences might be. Failing to communicate with an attorney is a huge mistake.
Mistake 2: Not Understanding Your Legal Rights
Another mistake that occurs most commonly is people not understanding what their rights are as far as what they can refuse to do. People don’t understand that they have the right to refuse to perform field sobriety test, and that agreeing to take them is often a big mistake. Additionally, consenting to a search is almost always a bad idea as then police will be able to use what they find in the search against you.
Mistake 3: Making Statements To Police
Many people also do not have a clear understanding of what their Miranda rights are and when those rights come in to play. They believe somehow that whatever they’re saying cannot be used against them because they were not Mirandized and that also is not accurate. It’s very possible that things what the driver is saying can turn around and be used against them in court because at the time that they were making those statements, Miranda did not apply so that is also a mistake. Saying too much during a DUI stop is a big mistake that is seen a lot.