Legal Rights During a DUI Stop in Prince George’s County
A Prince George’s County DUI stops lawyer explains how Miranda rights factor into a DUI stop and/or arrest, including what your rights are after a DUI arrest. To learn more about your rights during a DUI stop in Prince George’s County, make sure to contact a Maryland DUI attorney straight away and schedule a consultation.
Your Rights During Prince George’s County DUI Stop
Your rights are limited during a DUI stop. You can either submit or refuse to submit to any of the testing, including Field Sobriety Testing, any breath test, or a blood test. If you refuse and they still want to test you, then they will have to obtain a warrant for the blood draw which must be signed by a judge, and they must do it in a timely manner. Testing done out of that standard window of time can be suppressed at trial because it may not have been done properly under the law. Unfortunately, because you are driving a vehicle, many of your rights are more limited in these circumstances, as opposed to rights you have in other circumstances.
Miranda Rights During DUI Stop in Prince George’s County
You do not have to be read Miranda rights at a DUI stop. Unfortunately, a lot of the Miranda rights have been rolled back by the Supreme Court’s decisions over the years, and therefore are of very little significance here.
Your Rights Immediately After DUI Arrest
During a DUI arrest you do have the right to remain silent, you do not have to answer questions. You also do not have to submit to testing. You can simply hand your license and registration forward and make no further comments whatsoever. The police can then either take you into custody, read you your citations and then release you, or will bring you before a Commissioner to have a bond hearing.
You may have a public defender assigned in that situation. There may be a panel attorney or an attorney from the office of the public defenders immediately available to you and you can decide to accept or decline an attorney’s assistance if you are brought before a Commissioner. If you haven’t had a prior DUI, there is a good chance you can get a Release under your Own Recognizance (ROR). You will get a copy of the probable cause statements and charging documents. The Commissioner will explain these documents to you along with your rights, and also remind you that you have the right to seek counsel and that you should do so as they can help you in these matters. I would tell anyone who is charged with a DUI in Prince George’s County to immediately contact an experienced DUI lawyer. Reviewing the facts and everything that happened while it is fresh in your mind can set you up for a successful defense or mitigation.