Hyattsville, MD asked in DUI / DWI for Maryland

Q: What types of steps are police officers allowed to take to confirm someone has been driving under the influence?

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4 Lawyer Answers
Thomas J. Maronick Jr
PREMIUM
Answered

A: The field sobriety tests are the primary tests. They allow the officer to make a determination as to whether they have probable cause to make an arrest IF the tests are properly conducted AND the officer had reasonable grounds to be able to even ask for the tests. One test not specifically part of SFTS (abbreviation for the tests) is the PBT. That is the preliminary breath test. That gives the officer an idea of a person's blow score at the time. As we tell our clients at The Law Offices of Thomas Maronick Jr, this test is inadmissable as evidence of intoxication, but they are useful for an officer to get a sense of how much alcohol is in one's system. These devices for the PBT are actually available commercially to the general public. But the PBT is very unscientific compared to the intoximeter test, which is done AT the station after an arrest.

A: Not really sure what you are looking for with an answer from this question. If you have been charged with a DUI, you need to hire an attorney right away. The sooner you hire an attorney, the sooner that attorney can start working on your case. There are time sensitive matters when dealing with a DUI and the longer you wait the harder it gets for an attorney to handle your case.

Brandon K. Davis
PREMIUM
Answered

A: Please be more specific so we can try to provide the information you need. Of course, police will take a variety of steps to gather evidence of DUI including field sobriety tests and a breath test.

A: Once an officer suspects you are drinking they will typically question you about drinking , try to get you to perform the field sobriety tests and take a portable breath You are not legally obligated to take these tests and can refuse. But every situation is different and there are no hard rules for each case. For example if you only had 1-2 beers awhile ago, then you should take the breath test. If you feel a little buzzed or intoxicated I suggest refusing.

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