The Trouble with Field Sobriety Tests and Breath Tests

 Posted on November 12, 2024 in DUI

A conviction of DUI charges in Maryland is something to be avoided at all costs. Just for a first offense, driving under the influence is a misdemeanor punishable by up to a year of jail time and a possible $1,000 fine. Beyond that, you can expect a significant hike in insurance premiums, and the suspension of your license for up to six months. These consequences have the potential to set your life back for years, alongside the added stigma of a criminal record. The Montgomery County DUI lawyer at The Law Offices of Gerstenfield & Demirji, PC. is available 24/7 for consultation, handling any case with warmth and compassion. If you are stopped on suspicion of driving under the influence in Maryland, you should know your rights and what you can and cannot refuse.

Field Sobriety Tests

After a police officer pulls you over, you may be asked to perform certain roadside tests. The standardized tests include following an object’s horizontal path with your eyes, standing on one leg and counting, or walking and turning after a certain number of steps. These tests are all designed to catch you out even if you are entirely sober, and will be used as evidence against you in the trial. Furthermore, any number of variables including the time of day, the road surface, and the weather could work against you, causing you to fail the test. 

What you may not know already is that these roadside sobriety tests are entirely voluntary, meaning that you can refuse them in Maryland without any penalty. In fact, a DUI attorney will advise you to refuse them every time. When a police officer conducts a traffic stop, he or she will be looking for evidence against you, so refrain from saying too much even if the officer tries to prod.

The Breathalyzer

At a traffic stop, you may be asked to blow into a breathalyzer to determine your blood alcohol concentration (BAC). In accordance with Maryland’s implied consent laws, all legal drivers give their permission to law enforcement to conduct any blood or breath testing for the presence of alcohol. A preliminary blood test only gives the officer probable cause to arrest you; if you refuse a breath test given to you after you are detained and in police custody, you can be issued a license suspension for 270 days.

The decision to consent to a breathalyzer test is complicated. On one hand, blowing into a breathalyzer will result in a shorter suspension than refusing, even if it turns up over the legal limit; on the other hand, it could hurt your chances in court, as a breathalyzer reading is solid evidence that cannot be easily contested. If you are stopped by an officer and unsure of how to respond, you should exercise your right to call a lawyer and discuss your options.

Speak with a Silver Spring, MD DUI Lawyer Today

The Montgomery County DUI attorney at The Law Offices of Gerstenfield & Demirji, PC. can be your closest confidant and advisor during a DUI case. To schedule a free consultation, call 301-589-9500 today.