Field Sobriety Tests

Submitting to a Field Sobriety Test in Maryland

Are You Legally Required to Take a Field Sobriety Test?

In Maryland, when you have been stopped while driving and the officer suspect that you are impaired, he or she may ask you to submit to a field sobriety test. That can take a variety of forms, from walking a straight line forward and backward to following the police officer’s flashlight with your eyes. The purpose of the test is to establish probable cause to require that you take a breathalyzer or blood alcohol test.

You Are Not Required to Engage in a Field Sobriety Test in Maryland

Though the concept of implied consent requires that motorists in Maryland submit to a breathalyzer test (upon a finding of probable cause) or face significant sanctions, there is currently no law in the state of Maryland that requires that a driver take a field sobriety test. Accordingly, if you refuse to take a field sobriety test, the officer must base a finding of probable cause on other observations or evidence. Furthermore, your simple refusal to take a field sobriety test cannot be the basis for probable cause to require a breathalyzer test.

Proven Montgomery County Criminal Attorney

Attorney Jonathan Scott Smith has more than 40 years of experience protecting the rights of criminal defendants across the Baltimore metropolitan area and the state of Maryland, including people charged with misdemeanors or felonies. He has been received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from his colleagues in the Maryland bar for more than three decades. He has been ranked among the top 100 lawyers in Maryland listed by SuperLawyers and was named a Top-Rated Lawyer by The American Lawyer Magazine. He has also earned Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all lawyers nationwide.

Over the past 30 years, attorney Smith has successfully protected the rights of individuals facing all types of criminal charges, including prosecution for domestic violence or abuse. He will work hard to protect your constitutional rights, fully investigating your case to verify that law enforcement officers and prosecutors follow proper procedures when gathering evidence. He’ll question all potential witnesses and preserve all relevant evidence, so that he can prepare and present the most compelling arguments for your acquittal.

Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Aggressive Baltimore Criminal Defense Attorney

Contact our office by e-mail or call 410-740-0101 for a free initial consultation. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

The Use of Field Sobriety Tests in Maryland

Are They Reliable? Are They Admissible?

If you have been pulled over in Maryland, and the police officer suspects that you are under the influence of drugs or alcohol, you may be asked to submit to a number of different “field sobriety” tests, including:

The horizontal gaze nystagmus test, where the officer will ask you to follow an object with your eyes, looking for a twitching or “nystagmus”
The one-leg stand test, where you must balance on one leg for a period of time
The walk-and-turn test, where you will be asked to walk heel-to-toe and make changes in direction

In independent tests conducted by the National Highway Traffic Safety Administration (NHTSA), the one-leg stand had a 65% accuracy rate and the walk-and-turn and horizontal gaze nystagmus tests had 68% and 77% accuracy rates, respectively. Nonetheless, these tests have been admissible in court for many years, though defense attorneys are allowed to inform a jury of the accuracy rates.

AV-Rated Frederick County Drunk Driving Defense Attorney

Attorney Jonathan Scott Smith brings more than three decades of proven experience to DUI and other criminal defendants across the Baltimore metropolitan area and throughout the state of Maryland. He has been AV-rated (the highest rating possible) by his fellow attorneys under Martindale-Hubbell’s Peer Review Rating System every year since 1988. Jonathan has been named among the top 100 lawyers in Maryland listed by SuperLawyers, and has been cited as a Top-Rated Lawyer by The American Lawyer Magazine. He has also earned Martindale-Hubbell’s Client Distinction Award, conferred upon less than 4% of all attorneys listed in Martindale-Hubbell’s directory.

Over the past 30+ years, attorney Smith has successfully handled the defense of a wide range of criminal charges. He knows how to protect your constitutionally guaranteed rights and ensure that police and prosecutors follow all required procedures when gathering evidence. He’ll carefully question all potential witnesses, so that he can prepare and present the most persuasive arguments at trial.

Baltimore, Maryland DUI Defense Attorney

Contact our office by e-mail or call 410-740-0101 for an appointment. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.