Can the Police Charge Me with a DUI in Maryland if They Did Not See Me Driving?

Getting charged with driving under the influence in Maryland is a serious situation. The penalties for a conviction for driving under the influence are serious and can have life-altering effects on how you can transport yourself from one place to another, what jobs you are able to do, and how other people may think of you. However, some people may be surprised to find out that you may get pulled over for suspected driving under the influence, even if the police did not see you driving.

You can get charged with driving under the influence, even if the police only see you sitting in your car. This could happen because they saw you move to a motor vehicle in an inebriated state or otherwise have a suspicion that you may be intending to drive while under the influence.

If you need legal assistance, call our Baltimore DUI defense lawyer from Rice, Murtha & Psoras at (410) 694-7291 for a free, confidential discussion of your case.

What are the DUI Laws in Maryland?

Maryland DUI laws are outlined under Md. Code, Transp. Art. § 21-902. This makes it so that it is illegal to drive while under the influence of drugs or alcohol in the state of Maryland. Specifically, this law is worded so that it is illegal to drive or attempt to drive a motor vehicle while under the influence of drugs or alcohol. Therefore, if Maryland police suspect that you are attempting to drive a motor vehicle while under the influence, they can arrest you.

The conduct that makes up “driving” or “attempting to drive” a motor vehicle may be broader than what you expect. Indeed, putting your keys in the ignition and hitting the gas while drunk will be considered drunk driving. However, the Maryland Court of Appeals case Atkinson v. State (1993) created a somewhat broader standard for what is considered attempting to drive a vehicle. In that case, the court came to the conclusion that a drunk person sleeping in the driver’s seat of their vehicle with the keys in the ignition did not have enough “actual physical control” of the vehicle to be convicted of driving under the influence. However, the court came to this conclusion in part because finding the opposite would encourage drunk people to speed home rather than “sleep it off” in their car. So, if a hypothetical defendant does something more than sit passed out in their front seat with the ignition on, they may be able to be convicted of driving under the influence.

What Do Police Need to Arrest You if They Suspect You Are Going to Drive While Under the Influence?

Although you can be arrested for attempting to drive under the influence, that does not mean that the police can just walk up to you and put some handcuffs around your wrists. Police are required to have some probable cause to justify an arrest of a citizen of the United States that has not yet fully committed a crime.

In Maryland, police officers will need probable cause to arrest you for driving under the influence, whether they have seen you behind the wheel or not.

It is important to remember that probable cause requires something more than just a belief or mere hunch on the part of the police officer. If a police officer sees a person stumble out of a bar, walk towards a car, unlock the door, and put their keys in the ignition, there is a very good chance that that police officer would have probable cause to arrest the person for attempting to drive under the influence.

Factors that Can Contribute to a Finding of Probable Cause for Driving Under the Influence

There are certain behaviors and actions that will make a police officer wary that someone may try to drive under the influence, even if the police officer has not seen that person operate a motor vehicle yet. Our Maryland DUI defense lawyers have compiled a list of “tells” that may pique an officer’s interest and potentially establish probable cause that someone is going to try and operate a vehicle under the influence of drugs or alcohol.

Behavior Prior to Getting in a Vehicle

It is important to remember that to be convicted of driving under the influence, you have to be under the influence. There are certain behaviors that are associated with drunkenness or the effects of various drugs. If a police officer notices these behaviors, they may start paying attention to you more. For example, if a police officer sees someone stumble out of a bar, slurring their words and shouting loudly, the police officer can probably assume that that person is drunk.

However, the fact that the officer sees a drunk person in and of itself is not enough to create probable cause that the person is going to try and drive under the influence. An officer will need something more to establish that.

Position in the Vehicle

An individual’s location in a motor vehicle can also indicate whether they are intending to drive while under the influence. For example, a visibly drunk person getting into the passenger seat of a car is not a tip-off that they are going to drive under the influence while sitting down in the driver’s seat, which will greatly raise an officer’s suspicion that DUI-punishable behavior is about to take place.

Ignition and Lights

Another reason that an officer may be suspicious of a potential DUI is whether the motor vehicle is on or not. For example, if an officer sees a drunk person in the driver’s seat, but the car is otherwise inert and not turned on, they may be less likely to suspect an impending drunk driver (although this type of situation may still result in an arrest or at least questioning). However, if the officer sees a drunk person enter a motor vehicle, put their keys in the ignition, turn on the headlights, and place their hands on the steering wheel, they will have a very good reason to suspect that the person is going to drive while under the influence.

Eyewitness Reports of Driving

Police can arrest suspected drunk drivers if witnesses saw them driving previously, but police find the vehicle parked or otherwise not driving. Factors like those discussed in Atkinson will inform whether the driver has enough “actual physical control” to be considered a drunk driver.

In these situations, the police cannot rely on an eyewitness report alone in many circumstances. For example, someone telling a cop that “a yellow car was driving like crazy” may not be enough on its own to charge someone with a DUI.

Talk With Our Maryland DUI Defense Lawyers About Your Case

Rice, Murtha & Psoras’s Annapolis DUI defense lawyers can provide free, confidential case reviews when you call (410) 694-7291.