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Today I want to talk about DUI checkpoints. A DUI checkpoint is a roadblock set up by
local law enforcement to stop suspected drunk drivers. They usually set those checkpoints
up late at night on busy roads. When an individual sees a DUI checkpoint, they are not obligated to stop at that checkpoint.
They can make a legal U-turn, or any other kind of turn, to avoid the checkpoint. When
an individual does that, the officer does not have a reason to stop that car.
However, most checkpoints have chase cars, which will follow an individual who avoids
the checkpoint looking for any other justification to stop that vehicle.
What you need to know is that you don't have to drive through the checkpoint. If you do
drive through a checkpoint however, an officer will contact you, ask if you have been drinking,
and see if they can smell alcohol.
If you admit drinking, or if they smell alcohol, they'll ask you to pull over to side area
where you will be asked to do field sobriety tests.
The most important thing to know about these field sobriety tests is that you do not need
perform them. Let me say that again, an individual has absolutely no legal obligation to submit
to standardized field sobriety testing in Maryland, and you should not.
When the officer asks you if you would like to submit to standardized field sobriety tests,
or asks you to get out of the car to do field sobriety tests, you should tell that officer."Officer
my attorney advised me never to submit to field sobriety tests." After an individual
either submits to standardized field sobriety tests or refuses to do them, the individual
will usually be arrested, and asked to submit to a breathalyzer.
The breathalyzer does have legal consequences if refused.
Bottom line, you don't need to drive through a checkpoint, you don't need to do field sobriety
tests at the checkpoint.
Its also extremely important to contact and hire competent legal counsel to represent
you in a checkpoint case, because those cases are imminently winnable in court.