Yes, as long as law enforcement officials follow the proper procedures mandated by Maryland courts and police regulations. About 30% of the States in the United States have banned DUI/sobriety checkpoints as contrary to the search and seizure rights protected by the U.S. and state Constitutions. However, Maryland courts have held that DUI/sobriety checkpoints are lawful as long as certain procedures are followed. In the case of Michigan State Police v. Sitz, 496 U.S. 444 (1990), the U.S. Supreme has also held that DUI/sobriety checkpoints are legal if done correctly.

In Maryland, one key requirement of a lawful checkpoint is the posting of signage in advance of the checkpoint stating that a DUI/sobriety checkpoint is ahead.

Can I Avoid a St. Mary’s County DUI/Sobriety Checkpoint?

Yes, but be careful doing so. If you see a sign or indication of a checkpoint, you are lawfully allowed under Maryland law to avoid the checkpoint. You can turn onto another road and, where allowed by traffic laws, you can make a u-turn and go back the other way.

Note, however, the importance of the words “where allowed by traffic laws.” If you violate traffic laws, then police officers can stop you for violating traffic laws and begin the process of issuing you a traffic violation — a traffic ticket. If during this process, the police have reason to suspect that you are driving under the influence of alcohol or drugs, then the traffic stop can turn into a DUI stop. This might lead to a DUI arrest.

Likewise, avoid any type of erratic driving, like a sudden speeding up or a screeching u-turn or a sudden hazardous turn onto a side road. This sort of behavior can, again, give police justification for making a traffic stop that can then lead to a DUI arrest. If you are going to turn away from a checkpoint, drive calmly, use your turn signals, do not speed, and otherwise obey traffic and safety laws.

What is a DUI/Sobriety Checkpoint?

In St. Mary’s County, MD, a DUI/sobriety checkpoint is a roadblock where vehicles are stopped, one after another, allowing police to check for signs of impaired driving. Checkpoints are usually conducted late at night or on holidays/weekends where (and when) drunk driving is more likely to happen. Areas designated for checkpoints are commonly located near areas where bars and taverns are concentrated. As each car passes through, police officers may ask for licenses and registrations and ask various questions aimed at testing drivers for impairment. Those with suspected impairments will be asked to pull over to safety areas where the police might administer a breathalyzer test or other sobriety test.

Obviously, the main purpose of DUI/sobriety checkpoints is to discover and remove from the road drivers who are intoxicated and/or under the influence of drugs. The other main purpose is deterrence. Drivers will become aware that law enforcement officers are serious about enforcing the drunk driving laws. This deters that sort of bad driving behavior.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.