When an officer suspects that a driver they’ve pulled over might be intoxicated, they may ask the driver to step out of the vehicle and perform one or more field sobriety tests.
A driver who fails a field sobriety test may face an arrest for DUI, which can give police authority to request the driver submit to chemical testing for alcohol or drugs in their system. Failed field sobriety tests can also serve as sufficient evidence to convict a driver of DUI.
What Does It Mean to Fail a Field Sobriety Test?
Police use standardized field sobriety tests developed by the National Highway Traffic Safety Administration.
These tests include criteria that officers watch for that may indicate a driver’s intoxication. A driver may “fail” a field sobriety test by showing sufficient signs of intoxication during a test or failing to follow the officer’s instructions.
Can You Be Convicted Based on Field Sobriety Test Results?
Prosecutors do not need chemical test results to convict a driver of DUI. Instead, a court can find a driver guilty of DUI based on the officer’s testimony regarding the driver’s field sobriety test results.
Poor performance on tests can serve as evidence of the driver’s intoxication.
What Happens After Failing a Field Sobriety Test?
A failed field sobriety test will usually result in police arresting the driver for DUI.
The driver’s “failure” on the tests can give officers sufficient evidence to have probable cause to believe that the driver has driven while intoxicated. After arresting the driver, officers can transport them to the police station or hospital to submit to a chemical test for the presence of alcohol or drugs in their system, which can provide additional evidence of intoxication.
Why Sober Drivers May Fail Field Sobriety Tests
Unfortunately, police may determine that a driver “failed” a field sobriety test even though the driver has not consumed alcohol or drugs.
A failed field sobriety test when sober can also occur due to various environmental or medical conditions, such as the following:
- Conducting tests on uneven or slippery ground
- Medical conditions affecting inner ear balance
- Musculoskeletal or joint problems, such as arthritis or prior injuries
- Severe anxiety or panic attacks
- Difficulties hearing instructions or language barriers
How to Challenge Field Sobriety Test Results in Maryland
DUI defendants can challenge field sobriety test results by cross-examining the arresting officer at trial to highlight the officer’s lack of training for administering tests or conditions that could have affected the driver’s ability to perform the tests.
Drivers may also present other evidence, such as dashcam or bodycam footage, to corroborate their version of events or contradict the officer’s testimony.
When to Contact a Baltimore DUI Lawyer
You should contact a DUI lawyer as soon as possible after an arrest for intoxicated driving, especially if you submitted to field sobriety tests during the traffic stop.
A lawyer can investigate and review the facts of your case to determine if you have arguments to contest the admissibility or reliability of field sobriety test results.
Contact Greenberg Law Offices today for a free, no-obligation, fully confidential case evaluation with an experienced criminal defense attorney to discuss your options for challenging field sobriety tests in your DUI prosecution.
