Can You Refuse a Field Sobriety Test in Maryland?

A police officer can pull you over if they suspect you of committing a crime, such as driving while under the influence of alcohol. During the stop, this officer can ask you to take a field sobriety test. Understanding whether or not you can refuse a field sobriety test in Maryland – and speaking with a Maryland DUI/DWI defense lawyer – can help you determine your best next steps.

What are the three field sobriety tests in Maryland?

Field sobriety tests conducted in Maryland rely on a complex set of small, but varied, directions that can be very difficult to keep track of, even when you are sober. Following these directions can be quite challenging.

The police officers in Maryland generally rely on three different field sobriety tests:

• The horizontal gaze nystagmus test
• The walk-and-turn test
• The one-leg stand test

You can find a brief definition for each one of these tests in the space below:

• The horizontal gaze nystagmus test involves tracking a stimulus object – a pen, for example – without moving your head. This test is meant to assess your eye movement. If it’s smooth, that suggests you aren’t intoxicated. But if your eyes are jerking involuntarily, that suggests you are intoxicated.
• The walk-and-turn test involves walking nine steps, heel-to-toe, without raising your arms. You then turn and walk back to where you started. This test is meant to assess your coordination.
• The one-leg stand test involves standing on one leg and raising your other leg six inches, while keeping your arms to your side. Right after you assume this position, you count out loud until the officer performing this test tells you to stop. The test is meant to assess your balance, as well as your perception of time.

Failing these tests is very easy, especially if you’re anxious due to being pulled over, and failing can contribute to probable cause for a DUI arrest.

Are you allowed to refuse a field sobriety test in Maryland?

The answer to this question is “Yes.” You can always refuse a field sobriety test in Maryland. Doing so will not lead to your license being revoked. There are no direct penalties associated with refusing a field sobriety test, although refusal may influence the officer’s decision regarding whether probable cause exists. As a result, there is a strong chance they will arrest you for driving under the influence if you refuse. In fact, an officer may arrest you if they believe probable cause exists, even if you take and perform well on the tests.

What happens if you refuse to take a chemical BAC test in Maryland?

While there are no direct legal consequences for refusing to take a field sobriety test after being pulled over, the same cannot be said for refusing to take a chemical BAC test. If you refuse a chemical BAC test in Maryland, the MVA will issue an order to suspend your license for at least 270 days on a first refusal and two years on a second or subsequent refusal.

Let’s say you are pulled over because a police officer suspects you of driving while under the influence, and this officer asks you to take a chemical BAC test. You can refuse to take this test. But if you do so, your license will be suspended for at least 270 days.

After a suspension for refusal to take a chemical BAC test, you can still be arrested and charged with a DUI because DUIs come with their own penalties, each of which is separate from this license suspension.

How can a lawyer help you after a chemical BAC test license suspension?

If your license was suspended after you refused to take a chemical BAC test, there are a number of legal options you can pursue. You may want to work with a lawyer who can review your case and advise on the options available to you.

Also, consider requesting an administrative hearing before the Maryland Office of Administrative Hearings (OAH) to challenge the MVA’s proposed suspension. Drivers have 30 days to request a hearing, but must request within 10 days to ensure their license is not automatically suspended. At this hearing, you will be able to explain why your driver’s license should not be suspended.

Making an effective case for yourself is not easy. You need evidence that supports your claims and rebuts the claims made by the officer. This can be very challenging.

A lawyer can help you.

Speak with a Maryland DUI/DWI defense lawyer today

If you have been charged with a DUI, you may want to work with someone who can help. Drew Cochran, Attorney at Law is ready to advocate for you. Use this contact form to speak with a Maryland DUI/DWI defense lawyer today.