The most common mistakes Maryland drivers make during traffic stops can severely hurt their case if it goes to court. During a traffic stop, your stress is elevated, you’re likely nervous, and you make quick decisions without thinking it through. Drivers either argue and are too combative, or they are too compliant and give away too much information. This leads to tricky DUI cases, dealing with information police officers otherwise would not have had access to and drivers who were not cooperative and escalated the situation.
The next time you’re undergoing a traffic stop, or dealing with a DUI checkpoint, make sure you know your rights. Avoiding these 10 common traffic stop mistakes can help protect your case if it needs to go to court, avoid escalation with the police, and protect your rights without being combative.
If you’re dealing with a DUI charge, contact Saller Law in Baltimore, MD. We help drivers know their rights and fight for their case in court. With the right team on your side, you can stay on the road.
Disclaimer: articles on sallerlaw.com are not intended as legal advice and should not be taken as such, please consult an attorney for advice about your individual situation.
Common Mistakes Made During a Traffic Stop
1. Arguing with the Officer
Drivers who are combative with an officer can often escalate the situation before anything has even happened. While drivers may not agree with the reasoning they were pulled over, it is important to remain calm during the interaction. If you believe you were unlawfully pulled over, this can be discussed with a lawyer at a later time and date. Do not debate with the officer or escalate the situation in the moment.
2. Volunteering Too Much Information
A police officer may ask standard questions during a traffic stop, including where are you coming from or going to this evening, have you been drinking, what have you had to drink, and when was your last drink. Legally, you are not required to answer these questions, and may state your right to remain silent.
Drivers often make the mistake of volunteering too much information, giving lengthy descriptions in an effort to convince the officer they are okay to drive. You do not want to volunteer any additional information, as anything said during the traffic stop can be used later in court if charges are filed. Be polite and concise during your interactions.
Please note, during a traffic stop you are required to provide your driver’s license, registration, and insurance information. You must exit the vehicle if asked to do so.
3. Lying
You do not want to lie during a traffic stop. There is a difference between declining to answer a question you are not legally obligated to answer vs. fabricating a story to avoid answering a question. Lying during a traffic stop can lead to lengthy legal issues later, including calling into question your trust and credibility. Sometimes, lying to an officer can result in criminal charges. Be truthful when responding to questions.
4. Consenting to a Vehicle Search
In Maryland, you do not need to consent to a vehicle search during a traffic stop. While police have the right in Maryland to search a vehicle without a warrant during a traffic stop, they must have reason to believe the car has evidence of a crime. You can politely decline a request to search your vehicle during a traffic stop.
Police may only search the vehicle without consent or a warrant if they believe there is evidence of a crime, ie a dog has alerted them to narcotics, or there is drug paraphernalia in plain view. They may also search a vehicle if you are placed under arrest, to secure any weapons, or if the vehicle is impounded, to conduct an inventory search.
Do not make the mistake of saying “sure” to the request to search a vehicle. Know your rights and politely decline without becoming combative. If they search your vehicle anyway, document the search and contact a lawyer ASAP.
5. Assuming All DUI Tests Are the Same
During a traffic stop in Maryland, a police officer may conduct a field sobriety test, request a breathalyzer, or take a chemical blood test back at the station to evaluate blood alcohol level. All of these DUI tests measure different levels of sobriety or are taken at different times. Depending on which DUI test you take, it can affect your DUI case if you are charged.
6. Refusing a Chemical Blood-Alcohol Test
In Maryland, having a driver’s license is implied consent to a chemical blood-alcohol test. While you may refuse a breathalyzer or field sobriety test, a chemical test may be required. Refusing some or all of these tests can revoke your driver’s license immediately or have long-term consequences. Do not follow generic advice of “always refuse the test” because Maryland has differing laws that can impact your DUI case and your license privileges.
7. Not Taking a Field Sobriety Test Seriously
If you consent to a field sobriety test, do not treat it casually or like a joke. Some drivers are overconfident in their ability to “pass” a field sobriety test and do not follow instructions or listen carefully. A field sobriety test is designed for a police officer to observe balance, response time, coordination, and other indicators of impairment. This means that nerves, joking around, or performing poorly on purpose can all impact what happens next.
If you have consented to a field sobriety test and are now being charged with a DUI, talk to our Baltimore DUI defense lawyers. Field sobriety tests are subjective based on the officer’s interpretation of events, and our lawyers can examine evidence to see how you performed and how the field sobriety test is being used in your case.
8. Making Sudden Movements, Especially in the Vehicle
When you are in your vehicle during a traffic stop, a police officer is on high alert for suspicious or aggressive activity. If you make sudden movements, especially to reach behind seats, in glove boxes, or center consoles, a police officer could assume there is a weapon. Always politely let the officer know what you are reaching for. This can help create a stress-free traffic stop and prevent escalation.
9. Escalating or Becoming Combative
While charges and accusations can be frustrating, especially in a high-stress situation, you do not want to become combative with an officer during a traffic stop. Do not use sarcasm, make jokes, or escalate the situation. You can contact a traffic stop lawyer afterward and see what your options are, but do not engage the officer in fighting, cursing, or any other behavior that could escalate or bring on criminal charges.
10. Posting on Social Media About the Case
Today, it can be easy to discuss sensitive details online without realizing how they will affect a DUI charge. Posting videos, photos, or even text accounts of what happened online can be used against your case. Do not explain on social media what happened or post videos while the case is underway. Your lawyer can advise you on what comes next to make sound decisions to assist you against the charges.
What To Remember During a Traffic Stop
While every traffic stop is different and can vary based on the circumstances, there are some simple guidelines that can assist for a safe, stress-free situation:
- Stay calm and respectful
- Provide required driving documents
- Avoid arguing on the roadside
- Avoid volunteering unnecessary information
- Don’t lie to law enforcement
- Keep your hands visible
- Follow lawful instructions
- Contact an attorney if you’ve been arrested or charged
Contact Saller Law About Your Traffic Stop for a Consultation
Contact Saller Law’s traffic and DUI attorneys if you’re worried about what happened during your traffic stop. DUI charges can include both criminal and administrative consequences and are not to be taken lightly. Act fast: a DUI arrest doesn’t necessarily mean you’ve been convicted of a crime. The circumstances surrounding the traffic stop, officer’s observations, field sobriety exercises, chemical testing, statements, and other evidence can all affect the final outcome.
We can assist with your DUI charges, driving privileges, and more. If you’ve been arrested for DUI or DWI, it’s important to understand both the criminal case and the potential consequences for your Maryland driver’s license. Our lawyers can help.
More Information: DUI Checkpoints and Your Rights
Frequently Asked Questions
Can I refuse to answer questions during a Maryland DUI stop?
You must provide your driver’s license, registration, and insurance information during a traffic stop. You do not need to volunteer any additional information. You can state you are invoking your right to remain silent. Never lie to law enforcement.
Do I have to perform a field sobriety test in Maryland?
Possessing a Maryland driver’s license is implied consent to a chemical blood alcohol test. Refusing certain DUI traffic stop tests can result in a removal or suspension of your driver’s license. If you refuse a breathalyzer or field sobriety test, you may be taken to the station for a chemical test. Refusing a chemical test may suspend your license.
Does refusing a DUI test mean my DUI case will be dismissed?
No. If you refuse a DUI test, there may be other consequences surrounding your driving privileges. Always contact a lawyer ASAP if you are facing DUI charges.
