Field Sobriety Tests (FSTs) are a critical component of DUI (Driving Under the Influence) stops in Frederick County, Maryland, and throughout the United States. When a law enforcement officer suspects a driver of being impaired by alcohol or drugs, they often administer these tests to assess the driver’s level of impairment. Understanding the types of FSTs used in Frederick County and their requirements is essential for anyone who may find themselves facing a DUI charge in this area. In this article, we will delve into the various FSTs commonly used in Frederick County, Maryland, and the criteria that must be met when conducting these tests.
The Purpose of Field Sobriety Tests
Field Sobriety Tests are designed to help law enforcement officers determine whether a driver is impaired and, if so, to what extent. These tests provide officers with valuable information that can be used to establish probable cause for a DUI arrest. It’s important to note that FSTs are not foolproof, and their results can be influenced by various factors, including the driver’s physical condition, nervousness, and environmental conditions.
Types of Field Sobriety Tests in Frederick County, Maryland
Several different types of Field Sobriety Tests are commonly used in Frederick County, Maryland, to assess a driver’s sobriety. These tests are standardized and have been developed and validated by the National Highway Traffic Safety Administration (NHTSA). The three most commonly used FSTs in Frederick County are:
- Horizontal Gaze Nystagmus (HGN) Test: The HGN test involves observing the driver’s eyes as they follow a slowly moving object, such as a penlight, held by the officer. Nystagmus, an involuntary jerking of the eyes, becomes more pronounced when a person is impaired by alcohol or drugs.
- Walk-and-Turn Test: During the Walk-and-Turn Test, the driver is asked to take nine heel-to-toe steps along a straight line, turn around, and return in the same manner. The officer looks for specific indicators of impairment, such as losing balance, stepping off the line, or failing to touch heel-to-toe.
- One-Leg Stand Test: In the One-Leg Stand Test, the driver is required to stand on one leg with the other foot approximately six inches off the ground. The officer observes the driver’s ability to maintain balance while counting aloud for a specified duration.
Requirements for Administering Field Sobriety Tests
To ensure the accuracy and fairness of Field Sobriety Tests, there are specific requirements that law enforcement officers must follow when administering them. These requirements are established by the NHTSA and include the following:
- Proper Training: Officers must receive proper training in administering FSTs to ensure that they are conducted correctly.
- Standardized Procedures: FSTs must be administered in a standardized manner, following specific instructions provided by the NHTSA.
- Appropriate Environment: The FSTs should be conducted in a safe, well-lit location, free from distractions or obstacles that could affect the driver’s performance.
- Clear Instructions: Officers must provide clear and concise instructions to the driver before each test.
- Observation and Scoring: During the tests, officers must carefully observe the driver’s performance and score their performance based on established criteria.
- Consideration of Physical Conditions: Officers should consider any physical conditions or impairments that the driver may have, as these can affect the test results.
- Alternative Tests: In some cases, officers may need to use alternative tests if a driver has physical limitations that prevent them from performing standard FSTs.
Challenging Field Sobriety Test Results
It’s important to understand that Field Sobriety Test results are not infallible, and there can be legitimate reasons for poor performance that are unrelated to impairment. If you believe that your FST results were inaccurate or unfairly administered during a DUI stop in Frederick County, Maryland, you have the right to challenge them.
Challenging FST results typically involves working with an experienced DUI defense attorney who can examine the circumstances of your arrest and the administration of the tests. Your attorney may explore factors such as:
- Officer’s Training: Whether the officer who administered the tests received proper training and followed standardized procedures.
- Physical Conditions: Any physical conditions or medical issues that may have affected your ability to perform the tests.
- Environmental Factors: The conditions under which the tests were conducted, such as poor lighting or uneven terrain.
- Nervousness or Anxiety: The impact of nervousness or anxiety on your performance.
- Alternative Explanations: Any alternative explanations for your performance, such as fatigue or illness.
- Witness Testimony: Statements from witnesses who may have observed the stop and the administration of the tests.
The Impact of Field Sobriety Test Results
Field Sobriety Test results can have significant implications for individuals who are stopped for suspected DUI in Frederick County, Maryland. If a driver performs poorly on these tests, it often serves as probable cause for an arrest, leading to a series of legal consequences. These consequences may include:
- Arrest: Failing FSTs can lead to your immediate arrest on suspicion of DUI. This is a stressful and potentially humiliating experience, and it marks the beginning of the legal process.
- Blood Alcohol Content (BAC) Testing: Following an arrest, you may be asked to submit to chemical testing, such as a breathalyzer or blood test, to determine your BAC. If your BAC is found to be over the legal limit of 0.08% in Maryland, you can face additional charges and penalties.
- Driver’s License Suspension: Your driver’s license can be suspended administratively by the Maryland Motor Vehicle Administration (MVA) if you fail or refuse to take a chemical test. This suspension can last for various durations depending on prior DUI offenses and other factors.
- Criminal Charges: Failing FSTs and testing positive for an elevated BAC can result in criminal charges. These charges can lead to fines, probation, mandatory alcohol education programs, and even jail time.
- Impact on Your Record: A DUI conviction can have long-lasting consequences, including a permanent mark on your criminal record. This can affect your employment, insurance rates, and future opportunities.
- Increased Insurance Costs: A DUI conviction often results in a significant increase in insurance premiums, making it more expensive to maintain coverage.
- Ignition Interlock Device: In some cases, the court may require you to install an ignition interlock device in your vehicle. This device requires you to pass a breathalyzer test before starting your car.
- Legal Costs: Defending against DUI charges can be expensive. Legal fees, court costs, fines, and other expenses can add up quickly.
It is important to recognize that FST results, while influential, are not definitive proof of impairment. Factors such as nervousness, medical conditions, fatigue, and even the weather can influence a person’s performance on these tests. Challenging these test results and building a strong defense is a critical step in fighting DUI charges.
Field Sobriety Tests play a crucial role in DUI stops in Frederick County, Maryland, and are used by law enforcement to assess a driver’s sobriety. Understanding the types of tests commonly used and the requirements for their administration is essential if you ever find yourself facing a DUI charge.
If you believe that your Field Sobriety Test results were inaccurate or unfairly administered, it’s important to consult with an experienced DUI defense attorney who can help you explore your legal options and build a strong defense. The attorneys at Alpert Schreyer, LLC, are here to assist you in navigating the complexities of DUI cases in Frederick County, Maryland. Don’t hesitate to reach out to us for experienced legal guidance and representation.
Remember, being charged with a DUI does not automatically mean you are guilty. You have rights, and it’s crucial to protect them. Contact Alpert Schreyer, LLC, today for the experienced legal representation you need to defend your case and achieve the best possible outcome. Your future may depend on it.