What Happens After a DUI or DWI Stop
Being stopped by the police for what they believe may be a DUI or DWI can be a stressful and confusing experience. Click or tap on the blocks below to read more about your rights and what may occur when in this situation.
Field Sobriety Test
The Baltimore County or Harford County officer will ask you to perform a field sobriety test. You do not have to perform these tests and you are under no legal obligation to perform them, but the officer may still place you under arrest if he/she believes by the way you look and/or act that you have consumed alcohol while driving. Below are a few of the tests that could be administered.
- Walk and Turn Test
- One Leg Stand Test
- HGN test (Horizontal Gaze Nystagmus Test)
Preliminary Breath Test (PBT)
The Baltimore County or Harford County Officer will ask you to take the PBT to determine your blood alcohol content (BAC) at the time of the stop. Once again you do not have to take this test. This test is not admissible in Court and does not affect your driving priviledge.
After Arrest for Drunk Driving
If you are arrested by the Baltimore County or Harford County Police for drunk driving do NOT make any statements. It is best to request an attorney and hand them your driver's license, but be polite at all times. The Officer will note in his report if you were rude, combative, or polite and cooperative.
Precinct Breath Test
When you arrive at the Baltimore County or Harford County Precinct you will be asked to give a breath sample on the breathalyzer. First the Officer will read your rights about what will happen if you don't take the breathalyzer test and then you will have to sign the form called a DR-15 saying you understand those rights.
If you don't take the breathalyzer test the Baltimore County or Harford County Police will not have an automatic case against you, but your license will be suspended for 120 days by the MVA or you will have to sign up for 1 year of interlock. If you take the breathalyzer test and it is .08 or over, you are legally intoxicated and the State only has to show that you were driving at the time.
New Maryland Law - Traffic Article § 27-101(x)
If a person is convicted of a DUI & DWI and the Judge finds beyond a reasonable doubt that the person knowingly refused to take a test arising out of the DUI & DWI, the person is subject to 60 days in jail and a $500 fine.
Get a Lawyer
Retain an experienced and competent DUI & DWI lawyer to evaluate your case as soon as possible. If you do not assert your rights by certain time limits you lose them. See MVA consequences.