Field Sobriety Tests: What a DUI Lawyer Wants You to Know Before You Take Them

When a police officer pulls you over on suspicion of a DUI in Maryland, they will often ask you to perform a series of roadside tests known as the Standardized Field Sobriety Tests (SFSTs). Many people mistakenly believe they are legally required to perform these tests. This is not the case. Your choice to take or refuse these tests is critical, and a DUI attorney will tell you that the right decision can be the most important factor in your criminal defense.

What Are the Standardized Field Sobriety Tests?

The SFSTs are a battery of three tests developed by the National Highway Traffic Safety Administration (NHTSA) to help police officers determine if a driver is impaired.

Horizontal Gaze Nystagmus (HGN): The officer will ask you to follow a pen or small object with your eyes. They are looking for an involuntary jerking of the eyes (nystagmus), which can be exaggerated by alcohol consumption.
Walk-and-Turn: You are instructed to take nine steps, heel-to-toe, down a straight line, turn around in a specific manner, and return nine steps. The officer is watching for signs of imbalance, improper turns, or failing to touch heel-to-toe.
One-Leg Stand: You are asked to stand on one foot with your arms at your sides for 30 seconds while counting aloud. The officer observes for swaying, hopping, or putting your foot down.

Your Most Important Right: The Right to Refuse

Here is the most crucial piece of information about Field Sobriety Tests in Maryland: they are completely voluntary.

There is no law that requires you to take them, and there are no direct penalties for refusing. Unlike a breathalyzer test at the police station, your refusal to take a roadside sobriety test cannot be used as evidence against you in court.

Why a DUI Lawyer Advises Refusal

From a DUI lawyer’s perspective, there are several compelling reasons to politely refuse a field sobriety test:

They Are Subjective and Designed for Failure: These tests are not reliable indicators of impairment. Factors like physical disabilities, age, injury, fatigue, nervousness, or even the type of shoes you are wearing can cause you to “fail,” even if you are completely sober. The officer is already looking for reasons to justify an arrest, and a poor performance on these tests gives them the evidence they need.
They Provide the Prosecution with Evidence: Every “clue” or sign of impairment an officer notes during these tests becomes powerful evidence in their report and is used against you in court. By refusing to perform the tests, you deny the prosecution this subjective, incriminating evidence.
You’ll Likely Be Arrested Anyway: The reality is that if an officer has enough suspicion to ask you to perform SFSTs, they have likely already decided to arrest you. Your performance on the tests is simply a way for them to gather more evidence for their report. Refusing the test doesn’t change the likelihood of an arrest, but it does make it more difficult for the prosecution to build a strong case against you.

Distinguishing from the Breathalyzer

It is vital to understand that the voluntary nature of the Field Sobriety Tests is separate from Maryland’s “implied consent” law regarding breathalyzer tests. If you refuse the breathalyzer at the police station after a lawful arrest, your driver’s license will be suspended by the MVA for a significant period. A DUI attorney can fight this suspension, but a refusal still triggers administrative penalties.

In a stressful situation like a traffic stop, your best course of action is to politely refuse to perform the Field Sobriety Tests and invoke your right to remain silent. Do not argue with the officer. Simply and clearly state, “I respectfully decline to perform these tests, and I would like to speak with my lawyer.” This simple statement can make a tremendous difference in your criminal defense and your future.

If you find yourself charged with a DUI, contact a skilled immediately!

Field Sobriety Tests: What a DUI Lawyer Wants You to Know Before You Take Them