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DUI Rights: What are My Rights When I’m Stopped for a DUI?

Getting pulled over on suspicion of a DUI is a nerve-wracking experience for anyone, and many drivers are not fully aware of their rights in this situation. As a result, many drivers don’t do themselves any favors and end up making their case much more difficult to win than it needs to be. So in this week’s blog, we’re going to talk about your rights when you’re stopped for a DUI.


What are your DUI rights?

Your DUI Rights


You don’t have to answer the officer’s questions.

If the officer pulls you over on suspicion of a DUI, he or she will ask you if you’ve been drinking. You are allowed to say that you would prefer not to answer that question, or any others, without your lawyer present.

You don’t have to complete any field sobriety tests.

At this point, the officer will ask you to step out of your vehicle and perform field sobriety tests such as walking in a straight line, etc. You do not have to perform these tests. They are voluntary. The officer may not even ask you to do the tests, but rather will instruct you to do them. You are within your rights to refuse, and you should do so politely. Doing these tests will only hurt your case.

You don’t have to take a breathalyzer.

If you refuse the field sobriety tests, the officer will ask you to take a breathalyzer. You are within your rights to refuse to do so. Again, this test is voluntary, and taking it will most likely only hurt your case.

You don’t have to submit to chemical testing, but this will result in your license being suspended.

After refusing to answer questions, complete field sobriety tests or a breathalyzer, the officer will most likely arrest you on suspicion of DUI. You will be taken to the police station and asked to submit to chemical testing such as a breathalyzer, urine, or blood testing.

You are within your rights to refuse chemical testing. If you do refuse, your license will automatically be suspended for 120 days, per Maryland law. However, your case stands to benefit from the fact that your BAC level was never established.


Bruce Robinson & Associates is a criminal defense law firm based in Baltimore, MD. If you have been accused of criminal actions and need to seek aggressive counsel, Robinson & Associates is here to help. For more information and to schedule your free consultation, give Robinson & Associates a call at 443-524-7395 or visit us at You can also follow us on Facebook, Twitter, and Google+.


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