What You Should Do If You Become a DUI Suspect

By Amar S. Weisman, Esquire

As you may know, DUI is a serious crime here in Maryland. If you are found guilty, the Judge has the power to impose a variety of sentences. Punishment can range from monetary fines, to points against your license, to suspension -- or even revocation -- of your driving privileges. Sometimes, the Judge will order the installation of an ignition interlock system, where you have to breathe into an alcohol-monitoring apparatus before your car will start, and there are times when a court has ordered incarceration for a period of days, weeks, or months in the county jail.

Being pulled over by a police officer that suspects you have been drinking and driving is a difficult, even nerve-wrecking process. Some police officers employ a “zero-tolerance” policy and arrest individuals whose blood-alcohol-content (BAC) is as low as 0.02%. It is important to remember, especially during the heat of the moment, that your job is not to help the police officer build a DUI case against you. Your obligations might be limited to furnishing your license, registration, and proof of insurance.

If you have any reason to believe that you are a DUI suspect, you should seriously consider calling an attorney—even immediately. You are free to politely inform the police officer that you do not wish to submit to the Field Sobriety Test (FST), the Preliminary Breath Test (PBT), or the Intoximeter (“Breathalyzer”), until you have spoken with an attorney. The evidence-gathering tests and techniques used by law enforcement officers to justify DUI arrests are imperfect, imperfectly administered and sometimes successfully challenged in court.

If you are pulled over and might be a DUI suspect, do proceed with caution. Always be polite and respectful to police officers, especially when you are asserting your legal rights. While you may not wish to engage in much conversation—police officers imperfectly monitor speech patterns for supposed signs of intoxication—it is always a good idea to address the police officer as “Officer,” “Sir,” or “Ma’am.”

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