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.