Field Sobriety Tests in Calvert County DUI Cases
If you were stopped on Route 4, Route 2, or Route 260 in Calvert County and a deputy or trooper asked you to step out of the vehicle, you were almost certainly asked to perform a series of roadside tests. These are Standardized Field Sobriety Tests, or SFSTs, and they are the primary tool Calvert County officers and Maryland State Police use to justify a DUI arrest before a breath test is administered.
Here is what most people do not know when those tests are happening: they are entirely voluntary. There is no penalty in Maryland for refusing to participate. And even when someone does take the tests, the way they are conducted on the side of a county road at night creates significant room for challenge.
The Three Standardized Field Sobriety Tests
The National Highway Traffic Safety Administration developed and validated three specific tests for detecting alcohol impairment. These are the only NHTSA-validated tests:
1. Horizontal Gaze Nystagmus (HGN)
The officer holds an object, typically a pen or small flashlight, about 12 to 15 inches from your face and moves it slowly side to side while watching your eyes for involuntary jerking (nystagmus). There are 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 found this test only 77% accurate under ideal conditions. Calvert County officers administer it at night on the shoulder of Route 4, frequently with emergency lights running in the background. Strobe effects from police lights can themselves cause nystagmus. More than 40 documented medical conditions unrelated to alcohol also produce nystagmus. Read the full HGN breakdown.
2. Walk and Turn (WAT)
The officer instructs you to take nine heel-to-toe steps along a straight line, turn using a specific multi-step pivot, and return nine steps. Officers score 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
Route 4 shoulders in Calvert County are often uneven asphalt, sometimes gravel, and sometimes grass. Officers can instruct a driver to walk an "imaginary line" when no physical line exists, which means a driver can be scored as "stepping off the line" when the line itself was a fiction. The pivot turn required at the end of the test is genuinely unusual and almost no one performs it correctly the first time, regardless of sobriety.
3. One Leg Stand (OLS)
The officer asks you to raise one foot about six inches off the ground and count aloud to 30. Four clues are scored:
- Swaying while balancing
- Using arms to balance
- Hopping
- Putting the foot down
NHTSA's own guidance recommends a "reasonably dry, hard, level, and non-slippery surface." Most DUI stops in Calvert County happen at night on the shoulder of a state highway. Age, weight, fatigue, back problems, knee problems, and inner ear conditions all legitimately affect balance on this test.
Why These Tests Are Frequently Challenged in Calvert County
Max Frizalone and Luke Woods are both NHTSA-trained in DWI detection and standardized field sobriety testing. That is the same training Calvert County Sheriff's Office deputies and Maryland State Police troopers receive. Being NHTSA-trained means they know exactly how each test must be set up, explained, and scored, and they know where officers routinely cut corners.
Common problems they identify in Calvert County SFST cases:
Body camera footage vs. the police report. Calvert County DUI cases increasingly involve body camera footage. The written police report is the officer's interpretation. The video is the record. When those two things do not match, the discrepancy is one of the most powerful tools in the defense. An officer who claims six HGN clues in their report but whose camera footage shows a shaky administration has a credibility problem.
Test conditions. Was the surface reasonably level? Was the lighting adequate? Were there passing vehicles creating visual distraction? NHTSA specifies test conditions for a reason. Departing from those conditions compromises the reliability of the results.
Instruction compliance. Both the Walk and Turn and One Leg Stand tests have specific, verbatim instruction requirements. Officers who improvise, skip steps, or fail to demonstrate the turn correctly deviate from the standardized protocol, which is supposed to be the same every time.
Non-alcohol causes of test performance. Nervousness, physical limitations, the roadside environment, and medical conditions all affect performance on field sobriety tests in ways that have nothing to do with alcohol.
You Can Refuse Field Sobriety Tests in Maryland
There is no criminal penalty and no license penalty for declining to participate in field sobriety tests in Maryland. The officer may note the refusal in the report, but the refusal itself cannot be used against you as evidence of guilt. This is different from the breath test, where refusal has license consequences. Read more about your rights at a DUI stop.
If you have already performed the tests, that decision cannot be undone, but the results are challengeable. FrizWoods starts every Calvert County DUI defense by reviewing the body camera footage against the officer's report.
Our North Beach office is at 9120 Chesapeake Ave, Suite 201. Contact us for a free consultation. We answer 24/7.
FAQs
Q: Are field sobriety tests required in Calvert County?
A: No. Standardized field sobriety tests are voluntary in Maryland. There is no criminal or license penalty for refusing. This is different from the breath test, where refusal can lead to a license suspension. See first-time DUI FAQ.
Q: What makes the roadside in Calvert County problematic for field sobriety tests?
A: Route 4, Route 2, and Route 260 are state highways with narrow shoulders, uneven pavement, passing traffic, and limited lighting. NHTSA requires a level, dry, hard surface for valid test conditions. Most DUI stops in Calvert County do not meet those conditions.
Q: Can body camera footage help my Calvert County DUI case?
A: Yes, frequently. Officers write reports after the fact and from memory. Body cameras record in real time. When the footage contradicts the written report, whether on how the HGN was administered, what the driver's behavior actually looked like, or what was said during the stop, that discrepancy becomes a significant defense opportunity.
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 on administration, conditions, the officer's credibility, and through comparison to body camera footage. Many DUI cases in Calvert County are won on exactly these challenges.