DUI Field Sobriety Tests in Maryland

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Understand Your Rights Regarding Sobriety Tests

Field sobriety tests are conducted when a police officer suspects a driver of operating a vehicle while under the influence of alcohol and/or drugs. Remember: You have the right to opt not to take any field sobriety tests.

If you are facing DUI charges or have been asked to perform a field sobriety test, call Alpert Schreyer, LLC right away.

The Three Standardized Field Sobriety Tests

The National Highway Traffic Safety Administration (NHTSA) has created three standardized tests that a police officer may administer. There are other non-standard tests as well, but the following are the three are the most common tests an officer is likely to use during a DUI investigation at the scene.

You might be subject to:

• One Leg Stand: This test is more complicated than it sounds. In addition to testing a driver’s physical ability, it can also be used to test if the driver can do multiple things at once. The officer will choose a safe, dry, level area to conduct the test. If the area is not safe or the driver is elderly or overweight, this test should not be given. The officer will explain the test and may even demonstrate the test. The driver must lift one foot off the ground about six inches while keeping his or her arms at their side. Then the driver must count to 30 out loud before putting his or her foot back down. The police officer will be watching for three specific things: Do they need to use their arms to maintain balance? Do they need to put their foot back down? Is there excessive swaying? Failure in two of these three things is considered a failed test. Of course, an officer can technically make an arrest based on this test alone.

• Walk and Turn: This is also a divided attention test. The driver must take nine heel-to-toe steps, pivot, and then walk back. While walking, the driver will be asked to count the steps out loud. An officer will look for an incorrect number of steps, any balance issues with walking and turning, the extent to which your arms are being used for balance and if all the steps are said out loud correctly. If a couple of these criteria are missed, it will be considered a failed test. This is another subjective test based on the observations by a police officer. If they believe you are intoxicated before you take the test, it may be difficult to fulfill their expectations for a successful test.

• Horizontal Gaze or Nystagmus Test: The driver will be asked to look at an object such as a pen, and then follow the object as it is moved back and forth. The officer will be following the driver’s eye looking for how smooth the eye movement is. If the eye jerks, this is called Nystagmus. This is cause enough for an officer to make an arrest. These tests can be inaccurate. It takes a well-trained ophthalmologist to truly spot nystagmus. Also, eye movement can be caused by a number of things other than alcohol like multiple sclerosis, brain tumors, and sedatives.

In addition to these field sobriety tests, police officers may use additional cognitive tests to determine whether a person is under the influence of drugs or alcohol.

Cognitive tests include:

• Counting tests: Though not proven to be effective, many police officers use counting tests. One example is rapidly flashing their fingers and asking the driver how many fingers he or she sees. Another common test is asking the driver to count backwards, starting from a certain number. As is the case with most field sobriety tests, police officers are looking for more than one indicator of impairment. They are looking to see if the driver can remember directions and to determine if the driver’s speech is slurred.
• Alphabet tests: One other popular test is demanding that the driver recite the alphabet or a portion of the alphabet. The police officer will mark down any error made by the driver, including pausing for a few seconds or saying a letter slowly.