In the realm of Maryland’s legal landscape, navigating the complex terrain of DUI cases requires a comprehensive understanding of the field sobriety tests (FSTs) employed by law enforcement. Alpert Schreyer, LLC, is committed to providing you with the information you need to comprehend the intricacies of FSTs and their significance in DUI cases. In this article, we delve into the types of FSTs commonly used, their requirements, and the implications they can have on your case.
Types of Field Sobriety Tests
Field Sobriety Tests are standardized assessments designed to gauge a driver’s level of impairment due to alcohol or drugs. The National Highway Traffic Safety Administration (NHTSA) has established three standardized FSTs that have been widely accepted in Maryland and across the United States:
- Horizontal Gaze Nystagmus (HGN): This test focuses on the involuntary jerking of the eyes as they gaze to the side. Law enforcement officers observe the driver’s ability to smoothly track an object (like a pen or flashlight) moving horizontally. Involuntary jerking can be more pronounced under the influence of alcohol or certain drugs.
- Walk-and-Turn: In this test, the driver is instructed to take nine heel-to-toe steps along a straight line, turn on one foot, and return in the same manner. Officers assess a driver’s ability to follow instructions, maintain balance, and perform the task accurately.
- One-Leg Stand: During this test, the driver is required to stand on one leg while raising the other foot approximately six inches off the ground. The driver must count aloud for a specified duration. Officers look for signs of swaying, hopping, or using arms for balance.
Requirements and Implications
While these tests are standardized, their administration and evaluation can be subject to human error. Certain requirements must be met for FSTs to be considered valid in a Maryland DUI case:
- Proper Administration: FSTs should be administered in a controlled environment, away from distractions and potential hazards. Officers should provide clear and accurate instructions, demonstrating each task if necessary.
- Driver’s Physical Condition: Officers must consider the driver’s physical limitations, injuries, or medical conditions that could affect their performance. These factors should be documented and taken into account during the evaluation.
- Environmental Factors: FSTs should be conducted on a flat, dry, and well-lit surface to minimize the risk of accidents and ensure accurate evaluation.
- Observation and Scoring: Law enforcement officers are trained to look for specific cues indicating impairment during each FST. These cues might include swaying, using arms for balance, or failing to follow instructions. Officers score the driver’s performance based on established criteria.
- Subjectivity: It’s important to acknowledge that officer judgment plays a role in evaluating FSTs. Factors like the officer’s experience, personal biases, and the overall context of the situation can influence their perception.
Implications of FST Results
The results of FSTs can significantly impact the outcome of a Maryland DUI case. They are often used by prosecutors as evidence of impairment, and they can influence decisions related to arrest, charges, and sentencing. However, FST results are not infallible, and challenges can be made regarding their validity:
- Accuracy Concerns: The reliability of FST results can be questioned based on various factors, including the driver’s nervousness, fatigue, or medical conditions that might affect their performance.
- Training and Certification: Officers administering FSTs must undergo proper training and certification to ensure they conduct the tests correctly. Any lapses in training could be grounds for challenging the results.
- Legal Representation: Having skilled legal representation, such as Alpert Schreyer, LLC, can be invaluable when contesting FST results. Attorneys can scrutinize the administration and evaluation of the tests, identify inconsistencies, and build a strong defense strategy.
- Alternative Explanations: Various factors unrelated to impairment can affect FST performance. Fatigue, anxiety, certain medical conditions, and even environmental conditions like uneven terrain or poor lighting can contribute to a driver’s perceived lack of coordination.
- Chemical Testing: It’s important to note that FSTs are just one part of the puzzle. Chemical tests, such as breathalyzer or blood tests, provide more objective measures of blood alcohol concentration (BAC) and can offer a more accurate representation of a driver’s level of impairment.
Challenging FST Results
Challenging the results of FSTs in a Maryland DUI case requires a strategic and systematic approach. Your defense attorney may consider various avenues to contest the validity of FST results:
- Officer’s Training and Administration: Your attorney can inquire about the officer’s training and experience in conducting FSTs. If there are discrepancies in their training or if they deviated from established protocols during the test, this could weaken the reliability of the results.
- Medical Conditions: If you have a medical condition that could have affected your performance on FSTs, your attorney can present medical evidence to support this claim. Medical records and expert testimony may be used to demonstrate that your condition, not impairment, was responsible for your performance.
- Environmental Factors: If the FSTs were conducted under less-than-ideal environmental conditions, such as on an uneven surface or in poor lighting, your attorney can argue that these conditions compromised your ability to perform the tests accurately.
- Nervousness and Anxiety: Nervousness and anxiety are natural responses during traffic stops and interactions with law enforcement. Your attorney can highlight the potential impact of nervousness on your FST performance, emphasizing that it doesn’t necessarily indicate impairment.
If you or a loved one are facing a Maryland DUI charge based on field sobriety test results, it’s crucial to seek experienced legal guidance. Alpert Schreyer, LLC, is dedicated to advocating for your rights and providing the diligent representation you deserve. Our experienced attorneys understand the nuances of FSTs and can assess their validity in your case. Contact us today for a consultation and take the first step toward safeguarding your future.
Field sobriety tests hold significant weight in Maryland DUI cases, but their reliability can be contested. Understanding the types of FSTs, their requirements, and the potential implications on your case is essential. Alpert Schreyer, LLC, is committed to empowering you with knowledge, advocating for your rights, and ensuring a fair legal process. Don’t hesitate to reach out for guidance and support in navigating the complexities of Maryland DUI cases.