Can You Fight the Results of Field Sobriety Tests in MD?

Field Sobriety Tests (FSTs) are commonly used by law enforcement officials in Maryland to determine whether a driver is impaired by alcohol or drugs. However, these tests are not infallible, and there are several strategies you can employ to challenge the results if you believe they are inaccurate or unreliable.

If you are facing DUI charges in Maryland based on the results of FSTs, these tests are not foolproof. While the state might present them as scientific evidence, these tests are far from it. They are highly subjective and based on the interpretations and training of the administering officer. Thus, we can advise you on several avenues to challenge the result of your FST.

Call Rice, Murtha & Psoras today at (410) 694-7291 for a free review of your case with our Baltimore DUI defense attorneys.

How Can I Fight the Results of a Field Sobriety Test in Maryland?

Field Sobriety Tests (FSTs) are a series of physical and cognitive tasks administered to determine a driver’s level of impairment. These tests are designed to measure the driver’s coordination, balance, and ability to follow instructions during a DUI stop. The National Highway Traffic Safety Administration (NHTSA) recognizes three standardized FSTs, which are widely used by law enforcement officers across the United States and in Maryland. These include the Horizontal Gaze Nystagmus (HGN) test, the Walk and Turn (WAT) test, and the One-Leg Stand (OLS) test.

While these tests are standardized, they are still subjective in nature and rely on the arresting officer’s interpretation. This means there is a degree of potential error and subjectivity involved in their administration, which can lead to wrongful arrests or convictions. Fortunately, our Bel Air DUI defense attorneys have years of experience challenging using FSTs in criminal proceedings. The following are common strategies our team employs to fight the results of an FST in Marland:

Challenge the Training of the Testing Officer

In Maryland, law enforcement officers are required to undergo proper training and certification to administer FSTs. This training is designed to ensure that officers are familiar with the standardized procedures for conducting these tests. If you have reason to believe that the officer who administered the test was not adequately trained or did not follow the standardized procedures, we can argue that the test results are unreliable and should be excluded from prosecution.

For example, if the officer did not provide clear instructions on how to perform the test or if they did not perform the test in a well-lit area, the results of the test might be called into question. Similarly, if the officer did not properly observe your performance on the test or if they made unreasonable judgments about your performance, the results can most definitely be challenged.

Challenge the Accuracy and Reliability of the Test

FSTs are not scientific measurements of impairment. These tests depend on the subjective assessment of the officer who administers them and are therefore open to interpretation. Additionally, FSTs can be influenced by various factors such as environmental conditions, physical limitations, and nervousness, which can make it difficult to determine whether a person is actually impaired.

Therefore, FSTs alone are not capable of “proving” that someone was drunk or that they failed the test. In fact, FSTs are not scientifically capable of determining a person’s level of intoxication. If the prosecution attempts to use FST results as evidence against you in this manner, our team can file a motion to have it excluded from your case or used for that reason.

Analyze Video Evidence from the Scene

Video footage of the traffic stop is often available and might show if an FST was improperly administered. This video evidence can be extremely helpful in analyzing potential discrepancies between the officer’s observations and the actual performance on the tests.

For instance, if the video footage reveals that the driver performed well on the field sobriety tests, despite the officer’s claim to the contrary, it can be used to challenge the accuracy and validity of the test results. Similarly, if the video footage shows inconsistencies in the officer’s account of the events that took place during the traffic stop and field sobriety tests, it can be used to further challenge the prosecution’s case against you.

Constitutional Challenges

If you believe that your Constitutional rights have been violated, such violations can have a significant impact on the admissibility of the field sobriety test results in court. This is because the law requires that evidence obtained in violation of an individual’s constitutional rights be excluded from use in court proceedings.

Some examples of violations that can occur during a traffic stop or arrest include unlawful stops, lack of reasonable suspicion, or violations of your Fourth Amendment rights. For instance, if the officer didn’t have reasonable suspicion to pull you over, or if they illegally searched your car without a warrant, any evidence they find might be inadmissible in court. If any of these violations have occurred, you will have solid grounds for challenging the legality of the FST evidence against you.

Utilize Expert Witnesses

When fighting an FST, engaging expert witnesses can be a game-changer. By bringing in forensic toxicologists, medical professionals, or other experts experienced in DUI defense, the court can gain valuable insights into the limitations and potential errors associated with FSTs. These experts can analyze the circumstances surrounding the test administration, evaluate the officer’s assessment, and provide an alternative interpretation of the results, casting doubt on their validity.

For example, a forensic toxicologist can assess the accuracy of the test results by examining factors such as the temperature and humidity of the testing environment. Additionally, medical professionals can identify medical conditions that might affect the test results, such as vertigo or inner ear problems, which can affect a person’s balance and coordination.

Are There Penalties for Refusing a Field Sobriety Test in Maryland?

You generally have the right to refuse an FST. However, if you refuse a chemical test, such as a breathalyzer or blood test, you will likely face administrative penalties, which can include the suspension of your license.

In Maryland, if you refuse a chemical test, your license will usually be suspended for 270 days for a first offense and up to two years for subsequent offenses.

However, in some cases, you might have the option to participate in the Ignition Interlock Program instead of facing a license suspension. Under this program, you would have an ignition interlock device installed in your vehicle that requires you to pass a breathalyzer test before starting your car.

Our Maryland DUI Defense Lawyers Can Provide the Defense You Need

For a free evaluation of your case with our Annapolis DUI defense lawyers, contact Rice, Murtha & Psoras by calling (410) 694-7291.