No driver wants to be pulled over, and being pulled over on suspicion of drunk driving can be particularly stressful. In Maryland, police officers typically administer field sobriety tests to determine whether a driver is impaired. These tests are designed to evaluate your coordination, balance, and ability to follow directions. However, many drivers don’t realize that they have specific rights related to field sobriety tests. Understanding them could make a huge difference in the outcome of your DUI or DWI case.
What Are Field Sobriety Tests?
Field sobriety tests are a set of physical and mental exercises that police officers use during traffic stops. The three standardized tests approved by the National Highway Traffic Safety Administration (NHTSA) include:
- Horizontal Gaze Nystagmus (HGN) Test: This measures the involuntary jerking of your eyes as they follow a moving object (like a finger or pen)
- Walk-and-Turn Test: This assesses your ability to follow instructions while walking heel-to-toe in a straight line
- One-Leg Stand Test: Finally, this test evaluates your balance and focus by requiring you to stand on one leg and count aloud or say the alphabet
Officers can also use non-standardized tests, but those are generally less reliable and more subjective.
Do You Have to Take a Field Sobriety Test?
One of the most important things to know is that field sobriety tests are not mandatory in Maryland. You have the legal right to refuse them. Unlike breathalyzers or blood tests, which carry legal penalties for refusal under Maryland’s implied consent law, there are no automatic penalties for declining field sobriety tests. However, it’s important to know that refusing to take field sobriety tests may still have consequences.
For example, refusing to take a test could provide the officer with additional evidence that you are impaired and your refusal could be used along with other non-test signs of intoxication like bloodshot eyes or slurred speech to create probable cause for an arrest. Remember that tests can be unreliable, and if you fail one it could be used against you. It’s important to be respectful and calm if you decide to refuse field sobriety tests.
Are Field Sobriety Tests Accurate?
The reliability of field sobriety tests has been widely questioned. Even under ideal conditions, they are only about 65-77% accurate in predicting blood alcohol concentration (BAC) over the legal limit. Numerous factors, including anxiety, medical conditions, fatigue, uneven pavement, poor lighting, and even footwear can all influence whether or not you pass. Additionally, because field sobriety tests are largely subjective and rely on the officer’s interpretation, mistakes and bias can occur. If you took field sobriety tests as part of your DUI or DWI arrest, it’s important to inform your attorney of any physical or mental conditions that could have affected your performance that night.
What Should You Do If You Are Stopped?
If you’re pulled over and asked to perform field sobriety tests, follow these steps to protect yourself:
- Remain calm and respectful.
- Provide your license, registration, and proof of insurance when requested.
- Politely decline to answer questions without an attorney present. Anything you say can and will be used against you in court.
- Know that you can legally refuse field sobriety tests without automatic penalty.
- If arrested, do not resist. Instead, cooperate and contact your lawyer as soon as possible. Contacting an attorney early can help preserve your rights, challenge the legality of the stop or arrest, and potentially suppress the results of field sobriety tests if they were improperly administered.
Partner with an Experienced Attorney at The Law Office of Elizabeth Anu Lawrence
If you are involved in a DUI or DWI case, choose an experienced firm like the Law Office of Elizabeth Anu Lawrence to give you the help you need. Please give us a call at 443.352.3201. Skype and telephone consultation are both available to clients.