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Biggest Mistakes to Avoid in Anne Arundel Drug DUI Cases
The biggest mistakes to avoid in drug DUI cases are related to the sharing of information.
#1: Admitting to Things That Can Be Used Against You in Court
Any statements individuals make to the police can be used against them as a statement against interest or admission. Admitting to the officer that one is impaired or consumed drugs is a bad idea.
#2: Performing Sobriety Tests
Another mistake is when an individual performs the field sobriety tests. These tests are voluntary. There is no additional penalty for refusing to submit to the field sobriety tests. They are biased to be unfair. They are not designed to see if a person is impaired. They are tests designed to generate a probable cause to arrest a person for suspicion for a DUI. The purpose of the test is not to determine if someone is high on drugs. The purpose of the test is to provide the officer with a probable cause to arrest the individual.
#3: Submitting to a DRE Evaluation
Submitting to a Drug Recognition Expert (DRE) evaluation for a drug DUI case is a mistake. DRE experts are police officers who received training in how to recognize drug impairment. This does not mean that the DREs are qualified as experts. It is difficult for them to distinguish one type of drug impairment from another or even from lack of impairment. The DRE evaluations are voluntary and there are no penalties for refusing a DRE evaluation. People make a mistake by providing the state with evidence when it is not necessary.
#4: Consenting to a Search of the Vehicle
An individual does not have to consent to a vehicle search during a DUI stop. However, once an officer has effectuated an arrest, the officer has the right to search the vehicle incident to that arrest. That means that a person is free to say no if an officer asks to search their car before any arrest has been made. Once an officer arrests someone; at that point, they do not have the right to refuse the search of the vehicle.
#5: Not Contacting an Attorney
An attorney can be extremely helpful. An attorney can counsel individuals on what they need to do to keep their license valid or continue to drive. An attorney can challenge all of the aspects and elements of the state’s case. An attorney can provide their client with support and help throughout the entire process so that the client understands what is going on, what to expect, what to do to obtain the best possible outcome for the case.