DUI Checkpoints in Maryland

As part of their attempt to curb driving under the influence of drugs and alcohol in the state, Maryland police use DUI checkpoints. These checkpoints are specific predetermined locations where officers will set up a roadblock and stop cars in an attempt to determine whether or not any people are drinking and driving.

Maryland DUI checkpoints can happen at any point during the year, but tend to increase around holidays, when more people are going to parties and drinking. Most often, DUI checkpoints are set up late at night or early in the morning on weekends, and they are often placed in areas that have reported a high number of alcohol-related arrests or accidents.

Police in Maryland believe that the use of these checkpoints serves a dual purpose. First, it allows them to detect and arrest drivers under the influence of drugs and alcohol, getting them off the road before they can cause a problem. Second, it serves as a way to educate people about the DUI laws in Maryland and in that way deter them from driving while intoxicated themselves, because they will believe that there is a higher chance of getting caught and arrested.

DUI Checkpoints Are Legal in Maryland?

DUI checkpoints are legal not just in Maryland, but in 39 states around the U.S. The other 11 states have outlawed the practice, saying that they believe it goes against their state constitution.

So how are the other 39 states justifying their decision to continue with the practice? In 1990, the U.S. Supreme Court upheld the legality of DUI checkpoints in the Michigan v. Sitz case with a 5 to 4 vote. Because the sole purpose of DUI checkpoints is to detect DUI – something the court believed was in the public interest – the Justices argued that checkpoints were not an illegal search and seizure under the Fourth Amendment to the Constitution.

Ever since that ruling, many legal experts have argued against it, believing that the decision of the court was wrong. By definition, police using DUI checkpoints are pulling people over randomly to check for signs of intoxication, which violates probable cause. How is that not an illegal search and seizure? The court’s reasoning was that the officers were only checking for DUI, but in practice this just isn’t true. DUI checkpoint officers quite often cite people for completely unrelated offenses like expired licenses and tinted windows – things that would have gone unnoticed if not for the DUI checkpoint!

Perhaps even more alarming is that we’re continuing to spend large amounts of money on these checkpoints even though roaming patrols have proven far more effective – and cheaper – for many years.

But since Maryland currently still considers DUI checkpoints legal, if you are approaching one you need to know your rights. Below are some of the requirements that make a Maryland DUI checkpoint legal:

1. The checkpoint’s location must be chosen by a high ranking police official, not the officers at the checkpoint itself.

2. Advance public notice of the checkpoint must be given.

3. Roadway signs must warn drivers of the approaching checkpoint.

4. Drivers must be given an opportunity to turn around to avoid the checkpoint.

5. Police cannot pull over a vehicle just because the driver turned around. The driver must first engage in some kind of conduct that would justify a lawful traffic stop.

6. Officers at the checkpoint must be in uniform and using official police vehicles.

If You Are Stopped at a Maryland DUI Checkpoint

If you are unable to avoid the checkpoint for some reason, come to a complete stop when it is your turn and roll your window down partway so that you can speak to the officer. It is likely that they will ask you a variety of questions to ascertain whether or not you have been drinking. By law, you are not required to answer any questions or provide any information beyond telling them your name and address, and giving them your license and registration. If they do ask for anything else, polite refuse to answer.

This may seem rude, but you don’t want to incriminate yourself, and it’s far better to refuse to answer any questions than to answer some and not others. If the officer persists, say that you want to speak to a lawyer before responding to anything.

You should also refuse the field sobriety test if the officer asks you to take one. This test isn’t required by law, and Maryland DUI lawyers will tell you that no good can come out of taking it since the test is essentially designed for you to fail it. Taking it will only give them more evidence that they can use against you.

If You Are Arrested at a Maryland DUI Checkpoint

As soon as you arrive at the police station, ask to speak to a lawyer and refuse to answer any more questions until that happens. You will most likely be asked to take a blood alcohol content test – typically blood or breath – to determine your blood alcohol level. If you fail the test, don’t panic. Errors happen all the time on these machines due to things like poor calibration, improper usage, and differences in your body’s physiology.

Contact an experienced Maryland DUI attorney today who will know all the ins and outs of how to argue against BAC test results and can attempt to get them thrown out by the judge.