Three Types Of Fied Sobriety Tests
When you are pulled over by a police officer and he or she suspects you have been drinking, you are usually asked to step out of the vehicle and perform three specific field sobriety tests. These tests are designed to determine if a person is too intoxicated to operate a vehicle and can be used in court against you either along with breathalyzer test results or alone. Here’s what you need to know about field sobriety tests and whether or not it’s legally required for you to submit to them in the state of Maryland. An experienced Criminal Defense Attorney can further explain your rights and responsibilities under the law.
The Subjectivity of Field Sobriety Tests
Although field sobriety tests are designed to be done the same way each time, they rely heavily on the observations of the testing officer. This makes the results largely subjective rather than factual. The testing officer will ask you to perform the tests and record his or her opinion on whether or not you performed the tests well enough to be considered sober and safe to drive or not. This can also lead to DWI Charges.
The Inaccuracy of Field Sobriety Tests
Field sobriety tests are also highly inaccurate. There are a number of medical conditions, environmental factors, and other issues that can cause false positives on field sobriety tests. For example, inner ear problems, vertigo, and Meniere’s disease can cause balance issues, which can result in failure to walk toe-to-toe in a straight line.
Do You Have to Consent?
In the state of Maryland, you do not have to consent to field sobriety tests in the same way you do a breathalyzer test. You will not be penalized if you decline to submit to field sobriety tests, however, it’s important to remember that you are required to submit to chemical testing (either breathalyzer, urine, or blood testing) or your license may be suspended. You can protect your rights during a traffic stop by politely declining to submit to field sobriety testing.
When to Contact an Experienced DWI Lawyer
If you’ve been arrested for driving under the influence of alcohol or drugs, it’s important that you contact an experienced DWI attorney as soon as possible. This is especially true if you submitted to and failed field sobriety tests. Your attorney can argue against the administration, subjectivity, and inaccuracy of the tests and potentially have them removed as evidence.
To learn more about getting legal help for DWI charges or to book a consultation, contact Britt Criminal Defense at (443) 614-6881.
False Arrest Defined An arrest is an extremely frightening encounter. To discover after the fact that it may have been a wrongful or illegal arrest is even more distressing. Here’s how you can know if you might have been falsely arrested and how you can get legal assistance after being criminally charged. A false arrest […]
Read More
Were You Charged With Assault Or Child Abuse? If you were charged with assault or child abuse, you may have also been issued a protective order, also called a restraining order. Or, you may be facing a protective order filed against you by someone out of the blue. Here’s what you should know about fighting […]
Read More
You’ve likely heard that a DUI or DWI charge can raise your insurance rates. Here’s more about what you can expect from your insurance after a DUI. Maryland Penalties for DUI and DWI DUI and DWI are often charged as a misdemeanor, especially if it’s a first-time offense. However, the penalties are still quite harsh […]
Read More
In Order To Convict, The Burden Must Be Met In all states in the U.S., a certain burden of proof must be met to convict someone of a crime of which they are accused of committing. In cases where someone stands trial for a crime, the burden of proof must be high, as the consequences […]
Read More
Understand the most common white collar criminal charges assessed in Maryland and learn what you can do to decrease your chances of a guilty verdict after an arrest. Embezzlement Embezzlement is an illegal financial activity that involves a person who manages corporate funds using their position within a company to misappropriate those funds. For example, […]
Read More
A Drug Recognition Expert, or DRE, is a police officer trained to determine if a person is driving under the influence of drugs, which isn’t as easy to assess as blood alcohol content (BAC). Here’s what DREs look for and when to get legal help. The 12 Steps of DRE Protocol Although the DRE protocol […]
Read More
If you’re convicted of a felony like a drug trafficking or even murder, life will never be the same. Prison time, fines, mandatory counseling, and other penalties become the new normal. It’s critical that you mount the most effective defense possible. Here are some potential defense strategies that your attorney may choose depending on the […]
Read More
Identity theft is a serious crime that could put your future, relationships, and career in jeopardy if you’re convicted. If you were charged with identity theft in Maryland, it’s crucial that you understand what constitutes identity theft, how it’s penalized, and how you can defend against it. What Is Identity Theft? Identity theft is defined […]
Read More
The Smell Of Marijuana During A Traffic Stop The Maryland Court of Appeals — the state’s highest-ranking court recently ruled that law enforcement cannot use the smell of marijuana alone as justification for conducting a personal search during a vehicle stop. State of Maryland vs. Michael Pacheco The ruling stems from a 2016 case in […]
Read More
443-944-5705
