As with anywhere in the United States, it is illegal to drive under the influence (DUI) of drugs and/or alcohol in Maryland. The state takes such offenses very seriously, making it important to hire a lawyer if you have been charged with a DUI.
Our Lexington Park legal team at Alpert Schreyer Criminal Defense Attorneys is committed to protecting the futures of individuals charged with DUIs.
We have fought to preserve the rights of countless clients, as we understand the long-term ramifications that a DUI conviction can have on one’s life, from having to serve jail time to being required to install an ignition interlock device, and more. Contact us at (301) 262-7005 for a consultation.
Know Your Rights as a Lexington Park Driver
If your rights were violated in any way during the arrest, your charges should be dropped. That is why it is integral to know and understand your rights and to ensure that you have a competent legal representative on your side.
Should you be pulled over on suspicion of driving under the influence, you could be subjected to numerous field tests to gauge your sobriety, potentially starting with a field sobriety test. If you fail these tests, the police officer will have reason to take you down to the station.
While Maryland residents are not legally obligated to take a field sobriety test or a preliminary breath test, your refusal to participate may give the arresting officer sufficient reason to bring you into the station. Then, once you are at the station, the law requires that you take an official breath test. Refusal to take an official breath test can result in additional penalties and citations.
Please note: An officer only needs to observe a driver’s personal appearance or hear them admit fault to have enough reason to bring them down to the station for a mandatory breath test.
What Is a Field Sobriety Test?
There are a number of field sobriety tests that a Lexington Park police officer may administer, including:
- One-Leg Stand Test: This is a divided attention test. The officer will ask you to raise one foot off the ground while counting out loud to 30. Swaying, needing your arms to balance yourself, or making mistakes while counting are ways to fail this test.
- Walk-and-Turn Test: This is another divided attention test. An officer will ask you to take nine steps forward, pivot, and then take nine steps back while counting the number of steps out loud. The police officer will look for missing steps, swaying, turning balance, and incorrect counting.
- Horizontal Gaze Nystagmus Test: Police will use an object, usually a pen, to test how steadily the eye moves back and forth. The officer will ask the suspect to follow the pen as it moves from side to side. If the eye cannot move back and forth smoothly, it could be a sign of intoxication.
A police officer needs extensive training to make sure they can administer these tests properly. Many of these tests are imperfect, and they can be misread due to the driver’s nervousness or anxiety, among other reasons. Thankfully, charges brought against a driver because of a failed field sobriety test are often defensible in court.