Alternatively, they may be able to use these tests after witnessing suspect driving including but not limited to weaving, illegal lane changes, excessive speeding and/or improper use of turn signals or other vehicle devices.
Tests and Your Rights
You have the right to refuse to perform field sobriety tests or to consult with an attorney first. The police do not have to inform you of these rights. Whether you choose to go ahead with the tests or not is your choice.
Some people opt not to take the tests because they are difficult to perform even under ideal circumstances. Factor in that it may be dark, you’re under a considerable amount of stress and you may have some amount of alcohol in your system, and these tests become much more challenging.
The Three Tests
In Maryland, three different tests are used most commonly, which are all standardized by the National Highway Transportation Safety Administration. They are the "one-leg stand", the “walk and turn,” and the “horizontal gaze nystagmus test.” Each test is supposed to evaluate some component of whether you possess the necessary mental multi-tasking skills to drive. Therefore, they are not just testing your coordination, but your ability to pay attention and follow directions.
The apparent simplicity of the tests can be deceptive. Remember that they’re just available for the police to build a better case against you. For example, take the one-leg stand. The officer explains that the driver must raise one foot six inches from the ground. While doing this, the driver keeps his arms at his side. Then the driver has to stand there while counting by 1000's until 30 seconds has expired.
The officer observes the whole time, writing things down, cars may be whizzing by, the seconds ticking away slowly. Any trip up—such as hopping a bit, swaying, etc.—is considered a sign of impairment of normal motor coordination and the driver fails the test.
With a strong DUI lawyer, you can fight against potentially faulty tests that have resulted in your arrest. Andrew D. Alpert has received specific training in defending DUI cases and in DUI related issues. He is certified to operate, owns and maintains several breath instruments, is a certified breath alcohol technician on several Intoxilyzer models, and is one of only a few Maryland attorneys who is a certified NHTSA Field Sobriety Test Instructor. He has taught numerous DUI courses, conducted lectures on DUI cases and Maryland DUI laws and is well versed in the administration of and inherent flaws in, Field Sobriety Tests. Contact Mr. Alpert today at 1-866-952-1500 for a consultation of your specific case and how your field sobriety test may be challenged in court.
Alpert Schreyer
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