Field Sobriety Tests And Your Rights In Maryland
Facing a roadside sobriety test can be intimidating. However, by knowing your rights and understanding the intricacies of these procedures, you can have the knowledge you need to know if the police improperly conducted the tests or violated your constitutional rights.
You can gain a better understanding of this knowledge by working with an attorney like Colleen M. Kirby at the Law Office Of Colleen M. Kirby, Esq. She has built a reputation over the years for fighting hard for her clients, and she will do the same for you. For more information about how she can help you, schedule a free consultation with her by calling 410-973-0572.
How Field Sobriety Tests Typically Work In Maryland
In Maryland, law enforcement typically employs three standardized field sobriety tests:
- The horizontal gaze nystagmus test: This test involves a police officer moving their finger back and forth to look for any signs of unusual eye movements, which can indicate drug or alcohol use.
- The walk-and-turn test: This test involves a police officer asking the driver to walk heel-to-toe nine steps forward and nine steps back. During these tests, police are looking for any signs of imbalance that could indicate intoxication.
- The one-leg stand test: This test involves a police officer asking the driver to stand on one leg. This is similar to the walk-and-turn test in that the officer is looking for signs of imbalance.
Understanding the sobriety test procedure in Maryland DUI stops is crucial to knowing what you could expect during a traffic stop.
Your Right To Refuse A Field Sobriety Test
While you have the right to decline a field sobriety test in Maryland, doing so can come with consequences. For example, refusing a field sobriety test could result in an immediate arrest based on suspicion. If you do face arrest, make sure to contact a seasoned Maryland criminal defense lawyer before answering questions from police or prosecutors.
The Reliability Of Field Sobriety Test Evidence
The reliability of evidence from field sobriety tests can be questionable. Factors such as uneven surfaces, poor lighting and physical conditions can affect performance, leading to inaccurate assessments. That’s why challenging the results and effectiveness of these tests during your trial is so important. Attorney Colleen M. Kirby is committed to scrutinizing every aspect of your roadside sobriety test to ensure your case receives a fair evaluation.
Field Sobriety Test FAQs
These are some of the most common questions clients ask about these tests:
What are the standard field sobriety tests used in Maryland?
The standard field sobriety tests in Maryland include the horizontal gaze nystagmus, walk-and-turn and one-leg stand tests. These are designed to assess impairment through balance, coordination and eye movement.
Can I refuse a field sobriety test in Maryland?
Yes, you can refuse a field sobriety test in Maryland. While there are no immediate legal penalties, refusing a test could result in your arrest based on suspicion. It’s essential to consider your options and seek legal advice.
How reliable is evidence from field sobriety tests in a Maryland DUI case?
Evidence from field sobriety tests can be unreliable due to factors like:
- Uneven surfaces during the walk and turn
- Poor lighting on the road or highway
- Improper calibration of the breathalyzer
- Improper administration of the breath test by the officer
Challenging the validity of these tests is crucial, and an attorney like Colleen M. Kirby can help you question their accuracy amid your criminal case.
Work With A Skilled Columbia DUI Lawyer
If you’re facing DUI charges stemming from field sobriety tests in Maryland, reach out to attorney Colleen M. Kirby at Law Office Of Colleen M. Kirby, Esq..
Start working on your case today by scheduling a free consultation. You can do so by calling the firm at 410-973-0572 or by visiting the firm’s contact page.