Unlawful Police Stops DUI Attorney in Baltimore
DUI stops in Baltimore are often stressful.
Many drivers assume any police stop is automatically legal, and that they’re out of options if their blood alcohol concentration (BAC) is above the legal limit.
Fortunately, that’s not true.
Maryland law enforcement must follow specific rules when initiating traffic stops. If the police lacked a valid reason to stop your vehicle, any evidence gathered during that stop (including breathalyzer results, field sobriety tests, and statements you made) can be challenged in court.
Greenberg Law Offices represents clients facing DUI charges after questionable stops. Our criminal defense attorneys can review the circumstances of your case carefully and develop strategies to protect your rights.
Contact us today to speak with an unlawful police stops DUI attorney in Baltimore.
What Counts as an Unlawful Traffic Stop in Maryland?
Police officers must have a valid reason to pull you over.
Valid reasons typically include traffic violations, like speeding, weaving between lanes, or running a stop sign. They can also pull you over if they have a reasonable belief that the driver is involved in criminal activity or that a crime is in progress.
Finally, DUI checkpoints are valid under Maryland law.
A stop is unlawful when the police lack any of these justifications. For example, stopping a vehicle solely based on the time of night, the type of car, or vague “suspicion” without specific facts is generally not permitted.
Unlawful stops can affect whether your case moves forward. Evidence obtained during a stop that violates the Fourth Amendment can sometimes be suppressed.
When evidence is excluded, it can weaken the prosecution’s case. Depending on how important that evidence is, the prosecution may not be able to move forward. This may result in reduced charges, a favorable plea, or a dismissal.
Common examples of unlawful stops in Maryland include:
- Pulling over a driver for minor equipment issues that are not visible or non-existent
- Stopping someone solely because they match a vague description of a suspect without additional evidence
- Conducting a DUI stop without any objective signs of impairment, such as erratic driving or traffic violations
Your DUI defense attorney will review the specific facts of the case to determine whether the stop was lawful. Police reports, dashcam footage, and witness statements can provide key evidence to determine if the stop was justified.
Your Rights During a DUI Stop in Baltimore, MD
Dealing with a DUI stop can be nerve-wracking, especially because what you say and do could jeopardize your case. Knowing your rights during a DUI stop can help you avoid mistakes that could harm your defense.
Your rights include:
Right to Remain Silent
You don’t have to answer questions about whether you’ve been drinking or where you’ve been. Answering questions without an attorney present can sometimes complicate your case. The only thing you need to provide is basic biographical information.
Politely tell the officer that you’re invoking your right to remain silent.
Right to Refuse a Search
Police need probable cause, a warrant, or your consent to search your vehicle. You can politely refuse a search if none of these conditions apply. They may do it anyway, but your lawyer will address that later.
Right to Legal Representation
Requesting an attorney before submitting to tests or answering detailed questions can protect your rights. Clearly say, “I want to speak to an attorney.”
Remain calm and respectful, but don’t volunteer any extra information. Even minor statements can be misconstrued and used against you later.
What Happens to DUI Evidence If the Police Stopped You Illegally?
When a traffic stop is deemed unlawful, your lawyer can challenge any evidence collected during that stop. Evidence impacted by an unlawful stop may include:
- Breathalyzer or blood alcohol test results
- Field sobriety test observations
- Statements made during the stop
If the stop was unlawful, your attorney can file a motion to suppress any resulting evidence. Maryland courts then consider whether suppressing this evidence is appropriate. The goal is to prevent law enforcement from benefiting from Constitutional violations.
Your lawyer will analyze whether probable cause to arrest existed and whether any searches or tests were conducted improperly. They’ll also gather documentation, interview witnesses, and examine any available video evidence to make the strongest argument possible.
Challenging Breathalyzer and Chemical Test Mistakes in Maryland DUI Cases
Breathalyzer and chemical tests are powerful tools in DUI prosecutions, but they are not foolproof. Several factors can produce inaccurate results, including:
- Improper device calibration or maintenance
- Failure to follow observation rules or testing rules
- Medical conditions like acid reflux or diabetes affecting test results
Maryland law recognizes that improperly administered chemical tests can undermine the evidence. Courts have suppressed breathalyzer results in situations where observation rules or equipment maintenance were not strictly followed. Even minor procedural errors can provide grounds to challenge test results.
How a DUI Attorney Can Help You Challenge Illegal Traffic Stops
If you’re arrested for DUI and facing criminal offenses or points on your driving record, don’t try to handle the case on your own. When facing charges of drunk driving or impaired driving, your attorney can:
- Investigate the stop – Your attorney will review all evidence and independently investigate to assess whether the stop was justified.
- Challenge the stop in court – An attorney can file motions to suppress evidence obtained during an unlawful stop.
- Dispute chemical and field sobriety test results – Your lawyer will make sure that any errors in testing procedures are raised in court.
- Represent you in hearings – Your lawyer can advocate for your rights during pre-trial hearings, negotiations, and trial.
A lawyer’s guidance can make a significant difference. An experienced attorney will leverage legal protections that may not be obvious to someone without legal training. They’ll also prepare you for what to expect and how to make a positive impression on the judge or jury.
Get Help from a Baltimore DUI Lawyer Experienced with Unlawful Stops
Prompt legal action can make a big difference when you’re facing DUI charges and traffic offenses. Greenberg Law Offices has skilled Baltimore DUI attorneys who are experienced in challenging unlawful stops and protecting your rights.
Contact Greenberg Law Offices today for a free consultation. Our team will explain your options clearly and advocate for the best possible outcome.