Field Sobriety Tests in Anne Arundel County DUI Cases
When you were pulled over on Route 2, Route 3, or the Baltimore-Annapolis corridor, the officer almost certainly asked you to perform a series of physical and eye tests before deciding to arrest you. These are called Standardized Field Sobriety Tests, or SFSTs, and they are one of the primary tools Anne Arundel County officers use to build a DUI case.
What most people do not know: these tests are completely voluntary in Maryland. There is no legal penalty for refusing to participate. And even when people do participate, the tests are frequently administered incorrectly, creating real opportunities for defense.
The Three Standardized Tests
The National Highway Traffic Safety Administration (NHTSA) standardized three tests for alcohol impairment detection. These are the only scientifically validated tests in the NHTSA battery:
1. Horizontal Gaze Nystagmus (HGN)
The HGN test measures the involuntary jerking of your eyes as they track a moving object like a pen or flashlight. An officer holds the stimulus about 12 to 15 inches from your face and moves it slowly side to side, looking for six total clues, three per eye:
- Lack of smooth pursuit
- Distinct nystagmus at maximum deviation
- Onset of nystagmus prior to 45 degrees
The original NHTSA validation study placed this test at only 77% accurate when administered perfectly. In practice, it is performed at the roadside at night, often with police emergency lights strobing in the background, which can itself cause nystagmus. Officers in Anne Arundel County sometimes hold the stimulus too close to the driver's face, move it too quickly, or count and time the passes incorrectly.
Read the full breakdown of the HGN test here. There are more than 40 documented medical conditions unrelated to alcohol that can cause nystagmus.
2. Walk and Turn (WAT)
The Walk and Turn test asks you to take nine heel-to-toe steps along a straight line, turn on one foot using a specific multi-step pivot, and return nine steps. Officers look for eight clues:
- Cannot keep balance during instructions
- Starts before instructions are finished
- Stops while walking
- Does not touch heel-to-toe
- Steps off the line
- Uses arms to balance
- Improper turn
- Wrong number of steps
The test is regularly administered on the shoulder of Route 2 or Route 3 at night on uneven asphalt. Officers can instruct you to walk an "imaginary line" when no actual line exists. The pivot turn required at the end is genuinely unusual and almost no one performs it exactly as instructed the first time. These are factors that affect how reliable the test really is.
3. One Leg Stand (OLS)
The One Leg Stand requires you to raise one foot approximately six inches off the ground and count aloud to 30. Officers look for four clues:
- Swaying while balancing
- Using arms to balance
- Hopping
- Putting your foot down
NHTSA's own guidance acknowledges that environmental conditions affect performance. Age, weight, back problems, knee problems, and fatigue all legitimately affect balance. But officers in Anne Arundel County, as elsewhere, often apply the same clue-counting standard regardless of these factors.
Why These Tests Are Routinely Challenged in Anne Arundel County
Max Frizalone and Luke Woods of FrizWoods are both NHTSA-trained in standardized field sobriety testing. That is the same training Anne Arundel County officers receive to administer the tests. Being NHTSA-trained means they know exactly how each test is supposed to be set up, explained, and scored, and they know where officers cut corners.
Common problems they look for in Anne Arundel County SFST cases:
- Location. Was the test administered on a surface NHTSA describes as "reasonably dry, hard, level, and non-slippery"? Most roadside stops at night on asphalt shoulders do not meet that standard.
- Instructions. Officers must give verbatim standardized instructions. Deviating from the script, skipping steps, or giving incomplete demonstrations creates grounds to challenge the results.
- Timing. The HGN test has specific timing requirements for each pass. Rushed or improper passes change what the officer can claim to have observed.
- Body camera footage. Anne Arundel County officers increasingly wear body cameras. That footage often shows the officer's own conduct of the test, which can contradict the written police report.
Are You Required to Take Field Sobriety Tests?
No. Maryland law does not require you to perform SFSTs. You can politely decline and there is no criminal or administrative penalty for that refusal. This is different from breath tests, where refusal can result in a license suspension.
If you already participated in the tests, that decision cannot be undone. But it does not mean your case is hopeless. As described above, the tests are challengeable, and the results are far from conclusive. Read more about your rights after a DUI arrest in Anne Arundel County.
How FrizWoods Uses Field Sobriety Evidence in Your Defense
Every DUI defense at FrizWoods starts with reviewing the body camera footage against the officer's written account of the field sobriety tests. When those two sources do not match, the defense has something to work with.
Our office is in Severna Park at 540 Ritchie Hwy, Suite 301. We represent clients at both the Annapolis District Court and the Glen Burnie District Court and know the officers and prosecutors who handle Anne Arundel County DUI cases.
Contact us for a free consultation. We answer 24/7.
FAQs
Q: Can I refuse field sobriety tests in Maryland?
A: Yes. Field sobriety tests are voluntary in Maryland. You can refuse without any criminal or license penalty. This is separate from the breath test, where refusal has consequences. Read more about your options at a DUI stop.
Q: What makes the HGN test weak evidence in Anne Arundel County DUI cases?
A: The original NHTSA validation study found HGN only 77% accurate under ideal conditions. Roadside testing at night in Anne Arundel County, with police lights in the background, emergency vehicles passing, and uneven pavement, is far from ideal. There are also more than 40 documented medical causes of nystagmus unrelated to alcohol.
Q: Does failing field sobriety tests mean I will be convicted?
A: No. Field sobriety test results are one piece of evidence. They can be challenged through cross-examination of the officer, review of body camera footage, and expert testimony about proper administration. Many DUI cases in Anne Arundel County are won on exactly these grounds.
Q: What if I refused the field sobriety tests but then took the breathalyzer?
A: Refusing field sobriety tests while submitting to a breath test is a defensible position. The State has less behavior-based evidence to work with, and the case turns more heavily on the BAC reading alone. Your attorney can focus on the breath test's reliability.