A Maryland DWI Blog | Jimeno & Gray P.A.

A police officer will frequently try and administer a roadside field sobriety test if he suspects you are under the influence of alcohol. These tests consist of a series of tasks that are intended to provide a police officer with evidence of your sobriety or intoxication. However, these tests are highly subjective and frequently do not provide any substantial evidence to conclusively determine your level of intoxication.

Since the police officer asking you to perform these tests already suspects that you are intoxicated, he will be looking for any evidence that remotely affirms his suspicion. This creates an inherent bias in the roadside test that will always work against you. While it may seem unfair, the officer administering the test will almost always evaluate your performance in a way that will incriminate you.

Roadside tests are voluntary. Unlike a breath test, there are no drivers license consequences for refusing to submit to the field sobriety tests. Often, police officers will not inform you of the fact that these tests are voluntary. They will simply administer the test without offering you an opportunity to refuse. It is important to tell your attorney if you were forced to perform these tests or if you weren’t informed that they were voluntary. This fact may be very helpful in your defense.

Even if you are not impaired by alcohol, there are many factors that may contribute to your failing a roadside sobriety test. Fatigue will frequently cause you to have symptoms that resemble those of intoxication. Since most DUI investigations are carried out late at night, there is a good chance that fatigue will skew your results.

Roadside conditions will also affect your results. If you are asked to balance on one leg on a steep sloping street or on a narrow shoulder of a busy highway, you may struggle to perform adequately even if you are sober. Your clothing can affect the results as well. Many of these tests are difficult to perform in high heels, tight mini-skirts, or long, baggy pants.

Medical conditions, such as ADD/ADHD, ear infections, or back pain can easily skew your results.

The attorneys at Jimeno & Gray have a great deal of experience handling DUI cases. Before defending individuals charged with a DUI, we prosecuted DUI cases for the State’s Attorney’s Office. Our attorneys have been trained by the NHTSA to perform field sobriety tests, and we understand the laws surrounding a refusal of a roadside test.

If you have been charged with a DWI or DUI please contact our Maryland DUI office today to schedule a consultation.