Published on 9/3/2025, 12:58:00 PM
Should I Take a Field Sobriety Test in Maryland?
In Maryland, you are not legally required to take field sobriety tests (FSTs) during a DUI stop. Refusing them will not result in license suspension, unlike breath test refusals. These tests are subjective, often unreliable, and frequently challenged in court.
What Are Field Sobriety Tests?
Field sobriety tests are roadside exercises police use to assess whether a driver is impaired. The three standardized tests approved by the National Highway Traffic Safety Administration (NHTSA) are:
- Horizontal Gaze Nystagmus (HGN): Eye movement tracking
- Walk-and-Turn: Divided attention and balance
- One-Leg Stand: Balance and coordination
Maryland law does not require you to submit to any of these tests.
Are Field Sobriety Tests Mandatory?
No. You are within your rights to politely refuse to perform field sobriety tests in Maryland. These tests are voluntary, and there are no automatic penalties for refusing, unlike the consequences for refusing a breath test, which can result in license suspension under Maryland's implied consent laws.
Why You Might Want to Decline
1. They're Designed for You to Fail
The officer administering these tests is already gathering evidence for a DUI arrest. They are not looking to "clear your name" but are building a case.
2. They're Highly Subjective
Unlike a chemical test, field sobriety tests rely on the officer's interpretation. Weather, footwear, medical conditions, and anxiety can all affect performance.
3. The Results Are Often Challenged in Court
At FrizWoods, we routinely challenge field sobriety evidence by questioning:
- Improper administration
- Inaccurate scoring
- Lack of dash or body cam footage
- Pre-existing health conditions
What Happens if I Refuse?
- You will not lose your license just for refusing FSTs
- You might still be arrested if the officer believes they have probable cause based on other factors like odor of alcohol, slurred speech, or erratic driving
- Your refusal may be mentioned in court, but it is not determinative
How Field Sobriety Tests Differ from Breath Tests
Here's where people get confused. Refusing a breath test does trigger serious consequences, including:
- 270-day license suspension (first offense)
- 1-year suspension or interlock requirement (second or subsequent offenses)
- Mandatory participation in MVA hearings
Breath and blood tests fall under implied consent laws. Field sobriety tests do not.
Should You Ever Take One?
Rarely. But some situations may call for it, such as:
- You are absolutely sober
- You are concerned about an arrest record
- You have consulted with a DUI lawyer in advance and have a clear plan
For most people, though, refusing calmly and asking to speak to a lawyer is the safer move.
How FrizWoods Can Help
If you have been charged with DUI after performing (or refusing) a field sobriety test, you do not have to face the system alone.
We regularly defend clients by challenging roadside testing, chemical test results, and even the basis for the initial stop. Whether it is your first DUI or a repeat offense, we are ready to fight for your record, license, and future.
FAQs
Q: Can I be arrested even if I pass the field sobriety tests?
A: Yes. Officers can still claim probable cause based on other observations.
Q: Can the results of these tests be used in court?
A: Yes, but they can also be challenged on multiple legal and scientific grounds.
Q: What if I already took the tests and failed?
A: All is not lost. We may be able to suppress or undermine the results as part of your defense strategy.
Want a free case review? Contact FrizWoods today.
