Law enforcement officers need to have probable cause in order to perform a traffic stop. If you were stopped unlawfully and were later charged with DUI, you may be able to contest the charges if you can prove that the officer did not have reasonable suspicion to make the traffic stop that led to your arrest.
Lawful DUI Stops
If an officer makes any of the following observations, he or she will have justified reasons for making a traffic stop in Maryland:
- Drifting in between lanes
- Crossing or straddling the centerline
- Frequent braking
- Extremely slow driving
- Excessive speeds over the limit
- Erratic driving
- Stopping in the road for no obvious reasonable
- Making an illegal turn
These are just the primary observations a law enforcement officer may make before pulling you over under suspicion of DUI. Generally, the officer may have a legal right to pull you over if you are performing any activities while driving that may signal to them that you are impaired.
The Fourth Amendment and Probable Cause
The fourth amendment to the United States Constitution exists to protect the rights of people to be secure against unreasonable searches and seizures. It also states that this right may not be violated unless there is probable cause to do so.
One controversial topic on this matter is DUI checkpoints. Many people feel that they are warrantless searches that have no probable cause attached. In Maryland, statutes include strict requirements in order for the evidence gathered during the checkpoint to be admissible in court.
Challenge Your DUI Traffic Stop
Albers & Associates is your best resource for legal assistance with DUI charges in Maryland. He has practiced as a defense attorney specializing in DUI/DWI cases for many years and can get you the best outcome possible when you’re charged with driving under the influence. Contact us today for your free legal consultation at Albers & Associates.
Will I Lose My License?
You might. Depending on the type of license you have and whether or not you are convicted, your license may be suspended or even revoked depending on the circumstances of your charges. However, even being charged with a DUI can result in the suspension of your license, which can affect your life substantially.
Will I Lose My Job?
It depends on your job. At the time of your arrest, the police officer will confiscate your license and provide you with a paper license that you can use until your MVA Hearing. However, for people who hold commercial driver’s licenses, also known as CDLs, this will not replace the license you need to do your job. So, until the charges are cleared, you will not be able to work. Getting on the phone with a lawyer as soon as humanly possible is essential for your continued employment.
Am I Going to Jail?
You might. If you are found guilty of a DUI, particularly if this is your second or third offense, you may face jail time. One possible outcome of DUI court proceedings, a Probation Before Judgment, can be sought. If you are able to secure a PBJ, you will be able to avoid going to jail.