If you are pulled over for a suspected DUI (“driving while under the influence of alcohol”) or DWI (“driving while intoxicated”) here in Charles County, MD, as part of the arrest procedure, the arresting officer might ask you to “exit the vehicle” and take one or more field sobriety tests. These tests might be requested instead of a field breathalyzer test since individuals are not legally required to take the breathalyzer test.

Generally, there are four field sobriety tests, which are commonly identified as:

• The follow-the-object test — also called the horizontal nystagmus test
• The touch-your-nose test
• The walk-straight-and-turn test and
• The stand-on-one-leg test

Failing any of these tests is generally considered by law enforcement to be grounds for arresting a person for DUI and DWI. That is, in legal language, failing a field sobriety test is “probable cause” for an arrest. Not only that, but the results of a field sobriety test are often used by Maryland prosecuting attorneys as part of the evidence that “proves” the crimes charged and justifies a guilty verdict. Also, the results of a field sobriety test might be used by experts who testify on behalf of the prosecuting attorneys, such as DUI criminalists. These are witnesses for the prosecution who are supposedly experts in identifying indications of intoxication. The fact that a criminal defendant “failed” one or more of the field sobriety tests is “proof” that the defendant was drunk and that he or she was driving drunk.

The problem is that field sobriety tests are not particularly reliable unless administered under perfect conditions. As such, challenging the results of field sobriety tests can be an important part of defending against DUI/DWI charges. This matters because:

• If the field sobriety tests are not reliable, then there might not have been probable cause for the arrest, and the charges should be dismissed
• If the field sobriety tests are not reliable, then they cannot be considered by any “expert,” which can cause an expert’s opinion to be excluded
• If the field sobriety tests are not reliable, then evidence related to the tests should not be given to the JURY or, if given, the unreliability of the tests might be grounds for an acquittal by the JURY

Why might field sobriety tests be unreliable? There are many reasons, including a person’s genetic physical coordination, age, type of shoes and clothing being worn, being tired, use of legal over-the-counter medication, being nervous, etc. For example, certain medications or wearing high heels can impact a person’s ability to stand on one leg for an extended period. Other medications and fatigue might make following an object more difficult.

What is important is that, if you have been arrested and field sobriety tests were involved, you need to hire experienced Maryland criminal defense attorneys to evaluate the reliability of the tests. Bringing legal challenges to the admissibility of the tests might be very beneficial to your defense. Contact us here at the Law Office of Robert Castro. Use our contact page or call us at (301) 870-1200. We are available around the clock, 24/7. We have offices in Waldorf, Maryland.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 11701 Central Avenue, Suite 200, Waldorf, MD 20601.