What to Do after Being Pulled Over for DUI

Breathalyzer-Test1-300x195A person’s blood alcohol level (BAC) is the concentration of alcohol in the bloodstream. Determining an individual’s blood alcohol level is complex. Factors include the person’s weight, gender, number of drinks consumed (each drink=12 ounces of beer or the equivalent), and the time period over which the drinks were consumed.

Maryland, Virginia, and the District of Columbia all consider drivers with a BAC of 0.08 or higher to be driving under the influence (DUI). Maryland and the District of Columbia are in the minority of jurisdictions where drivers with a BAC of .07 can also be charged with driving while impaired (DWI).

The best way to avoid conviction for driving under the influence is to designate a sober driver when you plan to drink. However, if are pulled over for any traffic offense including DUI, it is important to remember that your actions from the moment you are stopped could make the difference between a future acquittal or conviction.

  • Remain as calm as you can and say nothing until you are asked a question by the officer. You will be asked for your license and registration. Provide them. If asked if you know why you were pulled over, respond with a simple, “No.”
  • If asked where you have been and whether you have been drinking, respond with, “I have nothing to say, officer.” Conversation between yourself and the officer will get you nothing. If you explain that you have been out to dinner, the next question will be about alcohol. Admitting to having had drinks is like admitting guilt and becomes evidence against you.
  • You are not required to perform field sobriety tests and/or take a roadside breathalyzer test and you may refuse to do so. However, it is important to remember that refusal to take a breathalyzer test may result in the suspension of your Maryland driving privileges.

If you are arrested for driving under the influence, you have no time to waste. Contact a Montgomery County DUI defense lawyer as soon as possible. Our experienced DUI attorneys have in the past reduced or eliminated charges in hundreds of DUI/DWI cases. Call (866) 444-6363 for a free confidential consultation.

About Andrew Alpert

+Andrew is one of the leading DUI and criminal defense attorneys in both the state of Maryland and the District of Columbia. He blogs about Maryland DUI law, has numerous videos on the subject and has been asked to appear on national television to offer his legal opinion on high-profile criminal cases.