Should I Refuse Field Sobriety Tests in Maryland?

If you’re pulled over on suspicion of driving under the influence (DUI) in Maryland, the officer will likely ask you to step out of your car and perform standardized field sobriety tests (SFSTs). Many drivers wonder: Am I legally required to perform these tests? and Should I refuse to do them?

Understanding your rights and the implications of refusing field sobriety tests is crucial, as your decision could significantly impact your DUI defense strategy.

What Are Field Sobriety Tests?

Field sobriety tests are physical and cognitive tasks law enforcement officers use to assess whether a driver is impaired. Maryland officers typically administer standardized tests, including:

Horizontal Gaze Nystagmus (HGN): Following a pen or finger with your eyes to detect involuntary jerking.
Walk-and-Turn: Walking heel-to-toe in a straight line, turning, and returning.
One-Leg Stand: Balancing on one foot while counting aloud.

Though these tests may seem simple, they are designed to detect subtle signs of impairment-and can be difficult even for sober individuals.

Am I Required to Perform Field Sobriety Tests in Maryland?

No. Maryland law does not require drivers to perform field sobriety tests. Unlike breath or blood tests, which fall under Maryland�s implied consent laws, there are no license-related penalties for refusing to perform field tests.

This distinction is important: refusing a chemical test may result in license suspension, but refusing SFSTs does not.

Why Should I Consider Refusing Field Sobriety Tests?

1. They’re Subjective

Field sobriety tests rely on the officer’s personal judgment. Nervousness, fatigue, uneven pavement, poor lighting, or medical conditions can all lead to “failing” a test-even when you’re sober.

2. No Penalty for Refusal

Since Maryland doesn’t penalize drivers for refusing FSTs, there’s little downside to refusal. Declining them can help you avoid providing the State with potentially unreliable evidence.

3. It Can Strengthen Your Defense

Without field sobriety test results, prosecutors must rely on other forms of evidence (like chemical tests or officer observations) to prove impairment. Weakening their case early on can improve your chances of dismissal or reduction.

Are There Any Drawbacks to Refusing?

There are a few potential considerations:

Officers may arrest you based on other signs of impairment (e.g., slurred speech, odor of alcohol, erratic driving).
The prosecution may attempt to introduce your refusal as evidence of consciousness of guilt, although an experienced attorney can often challenge its admissibility.

How Should I Refuse Field Sobriety Tests?

If you choose not to participate, stay respectful and clear:

“Officer, I respectfully decline to perform any field sobriety tests.”

Remain calm and cooperative. You are legally required to follow other commands, like providing ID or stepping out of your vehicle, but you’re not obligated to perform physical coordination tasks.

Will Refusing Prevent an Arrest?

Not necessarily. Refusing SFSTs may reduce the State’s evidence, but an officer can still make an arrest based on other observations or probable cause. However, refusing FSTs can limit what’s used against you in court.

Get Help from a Maryland DUI Attorney

If you’ve refused field sobriety tests or are facing DUI charges in Maryland, your next step is critical. At FrizWoods, we specialize in:

Challenging field sobriety evidence
Fighting implied consent license suspensions
Advocating for our clients’ rights from arrest to trial

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