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Why You Should Exercise Your 5th Amendment Rights if are Suspected of Drunk Driving

Last updated 6 years ago

If you get pulled over by an officer in Maryland for a suspected DUI, then you need to consider your options for how to handle the situation. Many people assume that when faced with a DUI, you only have two options: to lie about your sobriety or to tell the truth. But the Constitution says that we also have an option to not give any information at all, a right protected by the 5th amendment. In this post, we’ll discuss how the 5th amendment will protect you in a Maryland DUI case.

To be clear, you should do everything you can to avoid a DUI starting with not drinking and driving. But if you are suspected of a DUI in Maryland, then you should always protect yourself from self-incrimination. Let’s say an officer asks for your license and registration and then asks, “How many drinks have you had tonight?” The question is designed so that you respond with a quantity of drinks, but you can sidestep this question all together by doing one of two things: Tell the officer that you will practice your right to not answer any of his or her questions or you can simply say nothing.

Your 5th amendment rights protect you in different ways when faced with a DUI. First is that by answering the question, you are admitting guilt (assuming that you have had a few drinks). This instantly puts you in a tough situation because you are essentially admitting that you are drunk. Additionally, speaking to an officer may cause you to slur your speech or stammer and could potentially indicate that you were intoxicated. By using your 5th amendment rights, you avoid participating in your own potential DUI conviction.

The best way to prevent a DUI conviction in Maryland is to work with a highly qualified DUI lawyer. The Law Office of Robinson & Associates has over two decades of successful DUI experience in Maryland and can help you get out of a DUI in Maryland quickly. To learn more, visit Robinson & Associates online to setup a consultation.


The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.


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