Are Field Sobriety Tests Admissible in Maryland?

If you have been pulled over for DUI in Maryland, you were likely given Field Sobriety Tests to determine your intoxication. However, it is important to understand how this evidence can be used against you.

Field Sobriety Tests can be admissible in a Maryland DUI case, but it is not automatic. There are many inherent issues with Field Sobriety Tests that our attorneys can search for. In some cases, it is possible to have the tests barred from being used as evidence at your trial. You should begin preparing your defense as soon as possible so that the flaws in your tests can be shown.

Contact Rice, Murtha & Psoras today at (410) 694-7291 to receive your free case evaluation with our Baltimore DUI defense lawyers.

Are Field Sobriety Tests Admissible Evidence in Maryland?

When facing DUI charges in Maryland, one of the most important questions that arises is whether Field Sobriety Tests (FSTs) can be used as evidence in court. FSTs are a set of standardized physical and cognitive tests that law enforcement uses to assess a driver’s impairment resulting from alcohol or drugs.

In Maryland, the admissibility of FSTs as evidence in DUI cases can be a complicated matter. Although FSTs are commonly used by law enforcement to establish probable cause for an arrest, their admissibility in court depends on several factors. It is important to note that the court has the final say in deciding whether FST results can be used as evidence.

Although FSTs are considered reasonably reliable indicators of impairment, they are not foolproof. A person’s performance on the tests can be affected by various factors such as medical conditions, fatigue, nervousness, or environmental factors. FSTs are also known to have an inherent margin of error, which can result in false positives or false negatives. Therefore, whether FSTs can be used as evidence in a DUI case will depend on the specific circumstances.

What Does the Field Sobriety Tests Consist of in Maryland?

The Standardized Field Sobriety Tests are the official name for the roadside tests. The term “standardized” is crucial since it means that there is a specific and accurate way of administering the tests. The National Highway Traffic Safety Administration (NHTSA) is responsible for publishing a manual and organizing training and certification programs for police officers to ensure the proper administration of the Standardized Field Sobriety Tests. It is imperative for the police officer to conduct the tests correctly, or else the test results are not reliable and should not be used as evidence of impairment.

Horizontal Gaze Nystagmus Test

During a traffic stop, the police officer might conduct a Horizontal Gaze Nystagmus test. The test involves following an object, such as a pen or flashlight, with your eyes only, without moving your head. The officer is observing your eyes for involuntary jerking movements, called Nystagmus.

If there is a lack of smooth motion or if the eye wobbles at maximum deviation or at 45 degrees, it could indicate intoxication. The Nystagmus test is looking for three types of clues, including the lack of smooth motion, Nystagmus at maximum deviation, and Nystagmus at 45 degrees.

One Leg Stand Test

In the one leg stand test, the individual is required to stand on one foot while counting up to 30. The officer administering the test observes the individual’s balance: whether they hop, sway, use their arms for balance, or put their foot down.

Besides balance, the officer also watches the individual’s perception of time. The individual should count up to 30 at around 30 seconds. If the individual takes too long or too short a time, the officer makes a note of it. This is because a poor sense of time could indicate impairment.

These are the three standardized field sobriety tests that an officer might administer. There are also non-standardized tests like counting, alphabets, and finger-to-nose.

Walk and Turn Test

During the walk and turn test, there are two phases to it. The first phase is the explanation phase, where an individual has to stand in an instructional position with their right foot in front of their left foot and their arms held at their sides without moving while the officer explains the test. If the individual is not standing in this position, they have already given a clue to the officer. Additionally, starting the testing prematurely, before the officer specifically instructs them to begin, also counts as a clue.

The second phase is when the individual starts the test. During this phase, if they raise their arms more than six inches from their side while walking, it’s considered a clue. If they don’t touch heel to toe every step they take, then it’s a clue. They also get a clue if they step off the line where the test is being administered or if they don’t turn properly.

In the walk and turn test, turning has to be done in a very specific way. Instead of pivoting or spinning around their planted foot, the individual has to take a series of small steps around the planted foot and then return to the other foot from the position where they started the test. This is the most common clue failed by people because it’s not a normal way of turning. Most people turn like a pivot, which is the normal way to turn. So, not standing in the correct instructional position during the explanation phase and improper turning are the most common clues that individuals fail during the walk and turn test.

Portable Breath Test

In some DUI cases, a police officer might ask a driver to take a breath test by blowing into a portable device on the side of the road. However, it’s important to note that the results of this test cannot be used in court to prove a driver’s breath alcohol content. The test’s purpose is to give the officer probable cause to arrest the driver for DUI.

Unfortunately, many people who are stopped by the police are not aware that they have the right to refuse to take any roadside tests. Police officers might tell drivers that the results of the Portable Breath Test (PBT) cannot be used against them in court, which is technically true. However, the officer can still use the PBT result to determine whether or not they have probable cause to arrest the driver. Therefore, a driver is not obligated to take the PBT or any other roadside test. It’s essential to remember that drivers have the right to remain silent and not provide any evidence that could be used against them in a court of law.

Our Maryland DUI Defense Attorneys Can Help

For a free case review with our Towson DUI defense attorneys, call Rice, Murtha & Psoras at (410) 694-7291.