What Are My Rights at a Maryland DUI Checkpoint?

 Posted on August 25, 2025 in DUI/DWI

Sobriety checkpoints are a common tool in Maryland, especially on weekends and holidays. If you are stopped, the encounter should be brief, the stopping pattern should be neutral, and the area should be clearly marked. Knowing your rights can protect you, especially if you are accused of driving under the influence (DUI). If a checkpoint stop leads to questions about your rights or your license, a Glen Burnie, MD DUI defense attorney can explain your options and help you plan your next steps.

How Does a DUI Checkpoint Work in Maryland?

Most drivers experience a quick screening at a DUI checkpoint. An officer will explain why you were stopped, check your documents, and look for signs of impairment. This may include slurred speech or the odor of alcohol. If nothing suggests DUI, you should be on your way within a minute. If the officer develops reasonable suspicion that you could be under the influence, you may be directed to a secondary area for more questions or testing. If you are unsure about your status, a calm "Am I free to go?" can clarify whether you are still being detained.

Can I Refuse Field Sobriety Tests in Maryland?

In Maryland, roadside field sobriety tests are voluntary, and you may decline politely. Refusing them does not create a separate license penalty, but the officer could still arrest you if other signs suggest impairment. Some common field tests have the potential to be unreliable for various reasons.

Horizontal Gaze Nystagmus (HGN)

The officer moves a small object and watches your eye movements as you follow the object. Eye jerking can indicate that you are under the influence of alcohol or another substance. However, eye conditions, fatigue, contacts, flashing lights, or certain medications can cause similar jerking.

Walk-and-Turn

You take nine heel-to-toe steps on a straight line, turn as instructed, and take nine back. The officer will be checking your ability to follow instructions as well as your balance. However, uneven pavement, poor lighting, rain, tight clothing, or nerves can lead to mistakes even when sober.

One-Leg Stand

You are instructed to lift one foot about six inches and count for roughly 30 seconds without swaying or putting your foot down. While an inability to do so could indicate intoxication, balance limits, age, weight, injuries, or footwear like boots or heels can also affect performance.

Finger-to-Nose

With eyes closed and head slightly back, you are told to touch the tip of your nose with each hand as directed. Cold weather, shaky hands, or minor coordination issues can make this hard for you to complete and can be mistaken for impairment.

Alphabet or Counting Tests

You are told to recite part of the alphabet or count backward. Accents, language differences, learning challenges, or stress can cause difficulties in completing this task, having no connection to intoxication.

Will I Be Arrested if I Refuse a Breath Test at a Maryland DUI Checkpoint?

At the roadside, the handheld preliminary breath test (PBT) is only a screening tool, and it is voluntary. Under Maryland Transportation Article § 16-205.2, you may refuse the PBT. There will not be a separate license penalty against you simply for refusing, and the reading is not used to prove guilt. However, the officer may still arrest you if other facts give them probable cause.

After an arrest, the rules change. Maryland’s implied consent law, under Transportation Article § 16-205.1, requires all drivers to submit to a blood, breath, or urine test if they are arrested for suspected DUI. Simply by obtaining a driver’s license, you give consent to these tests. Refusing a chemical test can result in the immediate suspension of your license.

Schedule a Free Consultation With a Bel Air, MD DUI Defense Attorney

If you were stopped at a checkpoint and have questions about your next steps, the Glen Burnie, MD DUI defense attorney at Seger Law, LLC can help. Attorney Chelsey Seger was honored as a Super Lawyers Rising Star in 2024. She is aggressive in the courtroom, experienced with MVA hearings and checkpoint cases, and offers clients her support from the first call to the final result. She will act fast to protect your license, review the checkpoint plan and video footage, and challenge any unlawful stop or test. Contact our office today at 443-208-4692 to schedule your free, confidential consultation.