There are many myths and confusions over DUI checkpoints, also known as "roadblocks."
Let's clear a few things up.
1. In Maryland, like most states, DUI checkpoints are allowed. They are LEGAL.
Many are confused because the Constitution requires that polices officers have "probable cause" for pulling someone over. However, the Supreme Court ruled that the dangers of drunk driving outweigh the "intrusion" of these checkpoints.
2. Maryland does have requirements for LEGAL roadblocks.
The roadblocks must be (1) systematic, non-discriminatory, non-arbitrary
(2) Intended to ensure public safety
(3) Publicized ahead of time to lower fear of driver
(4) Drivers MUST be given an alternative route to turn around if they do not wish to be stopped
(5) The road block must be approved/ monitored by high ranking police officials
If you are stopped at a DUI road block in Maryland and it does not make these legal requirements, the evidence obtained from this stop may be thrown out.
You need an experienced Maryland DUI lawyer to defend and protect you. Contact Portner & Shure, P.A. today at (410) 995-1515 for a free case evaluation.