DUI Pullovers and Arrests in Frederick County
Driving while intoxicated is still a common occurrence despite being against the law. There are specific rules governing how Frederick County police officers must handle pullovers and arrests for a DUI. If an officer violates any of these rules during your encounter, you might have a chance of getting charges reduced or dismissed. Speak to a trustworthy DUI attorney and learn how they could advocate for you in court after your DUI charge.
What Do Police Officers Look for When Pulling a Driver Over for a DUI?
There are two scenarios for a pullover due to a possible DUI: a pretextual stop and a legitimate traffic stop. A legitimate stop is when an officer pulls somebody over for speeding or any other traffic offense and then finds indicators that the driver is drunk. A pretextual stop is when an officer pulls over a person for a traffic violation of any kind, but really the officer has an ulterior motive and is more concerned about whether the driver is under the influence. An example is when an officer sees someone leaving a bar acting erratically and decides to follow that person until they commit a traffic infraction. The true purpose of the pullover is to check and see if the driver is intoxicated. This scenario is legal and permissible.
The Typical DUI Stop Process in Frederick County
There has to be a valid encounter for the police to have the right to detain a driver or speak to them beyond the minor traffic stop. The police need some reasonable grounds to establish that alcohol is involved, such as:
- Glassy or bloodshot eyes
- Slurred or mumbled speech
- Slow lethargic movements
- The smell of alcohol
- Open alcohol containers in the car
- The driver admits they have consumed alcohol
If any of these indicators are present, the officer will then get the person out of the car, perform field sobriety tests; and, if necessary, make an arrest, take the driver to the station, and ask them to submit to the breath test. If none of these indicators were present during a DUI pullover or arrest, a local lawyer could argue that point to a judge in order to get the charge dismissed.
Does a Driver Need to Consent to Have Their Vehicle Searched?
In order to search a vehicle at a traffic stop, the officers must have either consent of the driver or probable cause that evidence of a crime can be found inside the vehicle. If a lawful arrest is made, that often is a sufficient basis for police to search a vehicle.
“Implied consent” means that every driver agrees to a field sobriety test and breath test during a regular traffic stop if an officer has reasonable grounds to believe that the person is impaired.
Drivers need to know that they can refuse to answer questions. The only thing they must do is provide proper identification and registration. Drivers do not have to reveal where they are going, where they are coming from, how much they drank, and the refusal to answer questions cannot be legally used against them. Regardless of whether or not they consent to answering questions, a driver should always be respectful during traffic stops.
Rights of the Accused
Contrary to popular belief, officers are not required to read a driver their Miranda Rights upon arrest if they are only being arrested for a DUI. A driver will be allowed to speak with a lawyer after they have been arrested and taken to the station, but only before electing whether to take the chemical breath test.
People who have been pulled over and arrested for a DUI in Frederick County will not necessarily be given the opportunity to find an attorney, but they will be allowed to call one if they have an attorney on hand. That is why it is beneficial to find a skilled lawyer even before a pullover or arrest has happened.
Speak to an Attorney After a DUI Pullover or Arrest in Frederick County
Police officers must follow the rules of pullovers and arrests if they wish to stop someone they suspect of a DUI in Frederick County. If they try to skirt these rules, you should talk to a local lawyer immediately. An unjustified stop could affect your sentencing. Call now to discuss your situation and learn what might be possible in your case.