Am I able to decline taking a field sobriety test to avoid receiving a Columbia, MD DWI?

If you are pulled over while driving in Maryland, you may be asked to participate in field sobriety tests. These tests are notoriously flawed and are designed to make you fail. Even those who haven’t been drinking and driving can still appear to be intoxicated based on the results of these tests. If you take these tests and make a mistake, you could receive a Columbia, MD DWI. Here, a lawyer discusses if you are able to decline taking them.

Declining the Tests

According to Maryland law, drivers are allowed to decline taking the field sobriety tests without receiving any penalty to do so. Additionally, they are also able to decline the preliminary breath test that is offered on the road without receiving punishment. Declining the test that is offered at the police station, however, can put you in trouble with the Department of Motor Vehicles.

What You Should Do

Many motorists believe they have to take these field sobriety tests and will do so without question. Not only do you not have to agree to participate, but you shouldn’t. Participating in these tests only provides potentially incriminating evidence against you and could earn you a Howard County DUI. Additionally, the tests may make it seem that you are intoxicated even when you aren’t.

Talking to the Officer

The officer may try to intimidate you into taking the field sobriety tests. However, it is your legal right to decline the tests that are asked of you where you were pulled over. Tell the officer in a polite manner that you do not wish to participate in the tests and know that you have the right to decline. Make sure your lawyer is present before discussing anything else.

The lawyers of Jimeno & Gray, P.A., have much experience in defending clients against Maryland drunk driving charges. If you received a Columbia, MD DWI, we may be able to help you.

Call us at (410) 590-9401 for more information and to request your free copy of the book The ABCs of DWIs in Maryland, written by attorney Gregory Jimeno.