What Are the Standardized Field Sobriety Tests?
Maryland officers generally use three standardized field sobriety tests developed by the National Highway Traffic Safety Administration. The horizontal gaze nystagmus test examines involuntary eye movement as the officer moves a stimulus from side to side. The walk-and-turn test requires the person to take a specified number of steps heel-to-toe, turn, and return while counting aloud. The one-leg stand test requires the person to stand on one foot and count aloud for a set period. These tests are designed to be administered in a standardized manner. Deviations from the standardized instructions can affect the reliability of the results.
Are Field Sobriety Tests Voluntary?
Yes. Field sobriety tests are voluntary in Maryland. There is no direct license suspension or criminal penalty for refusing them. Refusal can, however, be considered by the officer in determining whether probable cause exists to make an arrest. An officer may still arrest a person for DUI or DWI based on other observations, such as driving behavior, odor of alcohol, or statements, even if the person refuses the tests or performs well on them.
How Are the Results Used?
If a person performs the tests, the officer’s observations become evidence in the criminal case. The State may use the results to support the charge of driving while impaired. If the person later refuses the evidentiary breath test or registers a result below the per se threshold, the field sobriety test observations can become more important to the State’s case. The reliability of the results depends on whether the officer followed the standardized instructions, the conditions under which the tests were performed, and any physical or medical conditions that could affect performance.
What Is the Difference Between Field Sobriety Tests and the Breath Test?
Field sobriety tests are roadside observations. The evidentiary breath test is a chemical test administered after arrest, usually at the station, after the officer reads the DR-15 Advice of Rights form. Refusal of field sobriety tests carries no administrative license consequence. Refusal of the evidentiary breath test triggers a 270-day administrative suspension for a first refusal under Transportation Article § 16-205.1. The two are separate, and the consequences of refusing each are different.
Where Are Cases Involving Field Sobriety Tests Heard in Baltimore County?
DUI and DWI cases that involve field sobriety test evidence begin in District Court in Towson, Essex, or Catonsville. Because the maximum penalty for a first-offense DUI exceeds 90 days, the defendant may pray a jury trial and move the case to the Circuit Court for Baltimore County, which sits only in Towson. Motions to suppress or challenges to the reliability of the tests are heard in the court that will try the case.
What to Do If You Are Charged After Field Sobriety Tests
If you performed or refused field sobriety tests during a traffic stop in Baltimore County, contact a criminal defense attorney promptly. Shepard Law represents clients in DUI and DWI cases in Towson, Essex, Catonsville, and the Circuit Court in Towson. Call (410) 648-4008 to schedule a free, confidential consultation. Criminal defense attorney Stephen P. Shepard can review the facts and explain how the test results may be used.
No. Field sobriety tests are voluntary. Refusal does not trigger a license suspension, although it can be considered by the officer in deciding whether to make an arrest.
The three standardized tests are the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. Officers are trained to administer them according to NHTSA standards.
Yes. Conditions that affect balance, vision, or coordination can influence performance on the tests. The officer’s failure to account for those conditions can affect the weight given to the results.
No. Refusal of field sobriety tests has no direct administrative license consequence. Refusal of the evidentiary breath test after arrest triggers a 270-day suspension for a first refusal.
Yes. An officer may arrest based on other observations, such as driving behavior or the odor of alcohol, even if you refuse the tests or perform well on them.
DUI and DWI cases begin in District Court in Towson, Essex, or Catonsville and can be moved to the Circuit Court for Baltimore County in Towson by a jury-trial prayer.
