Haunted by a DUI? What to Do If You’re Pulled Over in Maryland This Halloween

Halloween in Maryland is one of the busiest nights of the year for law enforcement—and not just because of mischief and costumes. Year after year, Halloween sees a spike in DUI arrests across the state. For adults celebrating with alcohol, one wrong decision can lead to serious legal consequences.

If you’re pulled over for suspicion of driving under the influence in Maryland this Halloween—or any night—what you do in those first few moments can significantly impact your case. This blog covers what to expect, how to respond, and your rights under Maryland law.

Why Halloween Is High-Risk for DUIs

According to the National Highway Traffic Safety Administration, nearly half of all traffic fatalities on Halloween involve a drunk driver. In response, Maryland law enforcement often sets up DUI checkpoints, increases patrols, and monitors nightlife areas more aggressively during late October.

You could still get pulled over even if you’re a responsible driver. And if you’ve had even a single drink, the risk of arrest goes up.

Understanding Maryland DUI Law

In Maryland, you can be charged with:

DUI (Driving Under the Influence): Blood Alcohol Content (BAC) of 0.08% or higher.
DWI (Driving While Impaired): BAC between 0.04% and 0.07%, or if impairment is observable despite a lower BAC.

Penalties for a first offense DUI may include:

Up to 1 year in jail
$1,000 fine
12 points on your driver’s license
License suspension (up to 6 months)
Possible installation of an ignition interlock device

Repeat offenses and high BAC readings lead to more severe consequences.

What to Do If You’re Pulled Over

If you see flashing lights behind you, follow these steps:

1. Pull Over Safely

Signal and pull over as soon as it’s safe. Keep your hands visible, preferably on the steering wheel.

2. Be Polite, Not Talkative

You must provide your license and registration—but you are not required to answer questions like:

“Have you been drinking?”
“Where are you coming from?”

Politely decline to answer and state you would like to speak with an attorney before making any statements.

3. Field Sobriety Tests Are Optional

In Maryland, field sobriety tests are not mandatory. These include walking straight, standing on one leg, or following a light with your eyes. They are subjective and often used to build a case against you. You can respectfully decline to participate.

4. Know the Consequences of Refusing a Breathalyzer

There are two types of breath tests:

Preliminary breath test (PBT): Conducted roadside—optional and not admissible in court.
Chemical breath test at the station: Refusing this test triggers a 270-day license suspension for a first offense (via Maryland’s Implied Consent law).

Refusing can sometimes help your legal case—but you’ll want to discuss the pros and cons with an experienced DUI attorney.

What Happens After a DUI Arrest in Maryland?

If you're arrested, you will likely be taken to the station for processing and possibly held overnight. A court date will be scheduled, and you'll face both criminal and administrative penalties. The MVA (Motor Vehicle Administration) may suspend your license independently of the court’s decision.

You’ll have just 10 days to request a hearing to challenge your license suspension. If you miss that window, your license may be automatically suspended.

How a DUI Attorney Can Help

A skilled Maryland DUI lawyer can:

Analyze the legality of the traffic stop
Challenge field sobriety or breath test results
Advocate for reduced or dismissed charges
Represent you at MVA hearings
Seek alternatives like PBJ (probation before judgment) or treatment programs

This Halloween: Plan Ahead, Drive Smart

Before you head out for Halloween, consider:

Using a ride share or designated driver
Staying overnight if you’re drinking
Knowing your rights if you do get pulled over

Maryland DUI Attorney

Facing a DUI charge can be overwhelming, but with expert guidance, you can navigate the complexities with confidence. At Albers & Associates, our team is dedicated to defending your rights and providing personalized legal strategies to suit your unique situation. If you find yourself in need of legal advice or representation in Westminster, Maryland, we encourage you to reach out. Contact us today at (443) 665-8030 to learn how we can assist you in achieving the best possible resolution.