Annapolis DUI Stop

The most common way an officer pulls over a driver for a DUI stop is for violating a transportation article; a substantial number of these are due to speeding. This gives the officer good cause to stop and pull over the vehicle. Once the driver has pulled over the officer can come into contact with the driver to ask for license and registration.That is how they can have a conversation with the driver and first smell the odor of alcohol to begin their DUI investigation.

With regards to a drug-related DUI, Annapolis officers are going to need some substantial evidence to arrest a person for a drug-related DUI. More often than not it is because they found drugs or drug paraphernalia in the vehicle.

If you have been arrested at a DUI stop in Annapolis, it is vital to contact an Annapolis DUI lawyer right away. The sooner you can speak with an attorney, the better you will be able to remember exactly what happened at the stop which will help the lawyer build the best defense for your case, possible.

Legal Rights at a DUI Stop

Unfortunately, a person does not need to consent to a search of their vehicle, the fourth amendment in search and seizure does not truly extend to a person’s vehicle in these cases. Additionally, a person does not need to be read their Miranda rights at the traffic stop.

While a DUI defense attorney can argue with regards to a person being held and the search not being legal, the court of appeals and the Supreme Court has ruled that it is reasonable for an officer to further an investigation. It has also been determined that requiring a breath test is also reasonable and not an invasion of a person’s privacy. However, a blood test is not permitted to be required and, in a recent Supreme Court ruling, it is now something that must be done by warrant especially if they refuse. If a person refuses to give a breath test, they will be given a form, that shows what their rights are. It explains what could happen if a person refuses the test and that they may incur a more severe administrative penalty.

Amendment Treatment

If someone looks at their Maryland license, near the backhand side of it, it says, if they are driving in Maryland, that implied consent to a chemical testing of intoxication is required by law. It is telling them that because they have signed this license and because they have accepted the use of this license, they made an agreement with MVA, and it furthers them to give a breath sample. While they can refuse, they will have to give it at some point, but then a person can face enhanced penalties.

  • The Fourth Amendment protects a person against unreasonable searches and seizures. For any vehicle-related stop, the Fourth Amendment  requires the police to have reasonable and articulable suspicions that a person broke the law,  violated the transportation articles, or was speeding. If a person ran a red light or did not stop at a stop sign, that would give a driver probably cause to illicit a stop. If they have due cause to stop, they can then further their investigation and ask questions.
  • The Fifth Amendment stands that a person has rights against self-incrimination and against making statements. A person has the right to remain silent. A person’s Miranda rights may attach once they are in custody, but prior to that, when they are on the side of the road doing the standard field sobriety test, an individual has not been arrested yet. They are furthering the investigation, so the applicability of Miranda rights and the Fifth Amendment is not truly there.
  • The Sixth Amendment regards an individual’s right to counsel. There is a time window, two hours, for the legal breath test, and four hours, for a blood test. They are going to have to go through the DRE protocol if there is suspicion of drugs and there is a specific protocol that they have to go through. An individual does not have that immediate right to counsel because they are still being investigated on the side of the road.There are some constitutional issues in Annapolis DUI cases as to the presumption that if a person refuses, they must be penalized. That person should not have to incriminate themselves, that they should be able to have the immediate access to counsel, but a good portion of DUIs happen late, and an attorney is not generally readily available at these hours. As soon as they are available, they should be contacted.

What Happens Following An Arrest

Generally, after a DUI arrest, the individual is taken back to either a police station or barracks at which point they are asked if they would like to submit to a breath test. At this point, they are read the DR-15 rights and can consent or refuse the test. If the individual consents, they are brought into an observation room for at least 20 minutes prior to the breath test.

An intoximeter system is a self-testing machine, which is operated by a chemist or another officer who is working as a third party. They have nothing to do with the arrest, they are giving the breath test and making sure the machine itself will run as it should. The intoximeter system will test itself to make sure that it is operating and if it is functioning correctly, it will allow the individual to proceed with the test. After the test results have been produced, if an individual blows above 0.08 and in some instances, 0.06 or 0.07, they will be issued citations that include the driving under the influence charges and will be released to a sober driver.

When to Contact an Attorney

When they walk out of the jail, station, or barrack contact an attorney right away. Do not wait, it does not matter if it is in the middle of the night because at least then, you’d be able to get a message into that attorney and have them call you first thing in the morning.