Rockville Field Sobriety Test Attorney

Challenging Field Sobriety Tests in Rockville, MD DUI Cases

Field sobriety tests will often be used by police officers in Maryland to determine whether a driver is impaired by drugs or alcohol during a traffic stop. These tests are meant to determine whether a driver is impaired by considering their balance, coordination, bodily control, and ability to follow instructions. For those who are facing DUI or DWI charges, understanding the role that field sobriety tests may play in their cases can be crucial. The skilled, experienced attorneys at Salvado Law Offices can help determine the best ways to address field sobriety tests and other evidence that may affect a case. We work to protect our clients' rights and develop defense strategies that will help them resolve their cases successfully.

When Are Field Sobriety Tests Administered?

During a traffic stop, if a police officer suspects that a driver is impaired, they may ask the driver to perform field sobriety tests. They may observe factors that could indicate that a driver is intoxicated, such as erratic driving, the smell of alcohol, slurred speech, or the presence of alcohol containers in the vehicle. The officer's primary goal is to gather evidence that supports their suspicion that the driver is impaired due to the use of alcohol or drugs. Field sobriety tests are used to determine whether an officer has probable cause to arrest a driver for DUI or DWI.

Are Drivers Required to Take Field Sobriety Tests?

In Maryland, drivers are not legally required to take field sobriety tests. These tests are voluntary, and a driver can refuse to participate without facing legal penalties for the refusal itself. A refusal may still lead to an arrest, since the officer may believe that it indicates that the driver knows they are intoxicated. By refusing to participate in field sobriety tests, a person can avoid providing evidence of impairment that could be used in a DWI or DUI case.

Types of Field Sobriety Tests

There are a limited number of standardized field sobriety tests that police officers may use during a traffic stop. The National Highway Traffic Safety Administration (NHTSA) has created standards that are meant to be followed when performing these tests to help ensure that they will be reliable. The three standardized field sobriety tests that officers may use are:

• Walk-and-turn test: This test measures balance, coordination, and the ability to follow instructions. The driver will walk in a straight line for nine steps, and with each step, they must place the heel of one foot directly in front of the toe of the other foot. Then, they will turn around and take nine more steps to walk back to the starting point. The officer will look for balance issues that may cause a person to deviate from the straight line, as well as whether a person took an incorrect number of steps or did not follow other instructions correctly.
• One-leg stand test: This test also measures balance and coordination. The driver will be asked to stand with one foot raised off the ground, counting out loud for a certain number of seconds. Issues such as swaying, using their arms for balance, hopping, or putting their foot down may be seen as indications of impairment.
• Horizontal gaze nystagmus test: This test measures the involuntary jerking of the eyes when they are moving back and forth, which can become more pronounced when a person is intoxicated. The officer will watch as a person moves their eyes from one side to the other, following a moving object such as the officer's finger. Twitching eye muscles or other involuntary movements may cause the officer to determine that the person is impaired due to the use of drugs or alcohol.

Challenging the Validity of Field Sobriety Tests

The accuracy and reliability of field sobriety tests may be questioned in certain cases. Our attorneys can examine these circumstances surrounding a traffic stop to determine whether challenges may be made based on issues such as:

• Medical conditions: Certain factors may affect a person's bodily coordination, such as neurological disorders, vision problems, or physical injuries. These issues can affect the results of field sobriety tests even if they do not impact a person's ability to drive safely. Our attorneys may show that these conditions, rather than intoxication, affected the test results.
• Improper administration: Standardized field sobriety tests must be conducted according to strict guidelines established by the NHTSA. If an officer deviated from these protocols, the validity of the test results can be questioned. For example, if the officer gave unclear instructions or conducted the tests on an uneven surface, the results may be deemed unreliable.
• Environmental factors: Issues such as poor lighting, adverse weather conditions, or uneven road surfaces can impact a driver's performance in field sobriety tests. Our attorneys may demonstrate that these environmental conditions influenced the test results.
• Subjectivity of observations: Even though standardized field sobriety tests are supposed to provide objective results, they rely on an officer's subjective observations. Our attorneys can cross-examine an officer, looking for inconsistencies or biases in their observations and conclusions.

Contact Our Rockville DUI Lawyers for Field Sobriety Tests

While field sobriety tests may be a factor in an arrest for drunk or intoxicated driving, it is possible to challenge these tests and defend against a conviction for DUI or DWI. Salvado Law Offices provides effective legal representation for clients in these challenging situations. We can question the procedures used during field sobriety tests and develop defense strategies to help prevent a criminal conviction. To arrange a free, confidential consultation and get legal help with these issues, contact us by calling 301-933-1814. Our firm provides legal representation for people in the areas surrounding Rockville, MD and Falls Church, VA.