Maryland Field Sobriety Test Administration
Maryland field sobriety tests administration must be done correctly by law enforcement. Field sobriety tests in Maryland are a series of tests that have been put together by the National Highway Transportation Safety Administration (NHTSA). Field sobriety tests are standardized by the NHTSA for officers to be trained and certified in DUI stops. The administration of field sobriety tests are specific and an officer must comply with the NHTSA standards. It is also important to note that a person does not have to do standard field sobriety tests under any circumstance. If you have questions regarding what a field sobriety test looks like and how they should be administered, contact a skilled DUI attorney today.
How Tests Are Administered
The field sobriety tests must be given the same way every time. If the officer does not administer the test correctly, it can be challenged in court. With body cameras available, it is much easier to argue an incorrect administration of field sobriety tests in Maryland.
Weight of Tests at DUI Trial
The weight of these tests, if they are administered correctly and the officer had probable cause to conduct them, can be heavy. However, the breath score and other tests can be suppressed if the officer does not have proper cause to examine a person for intoxication. If Maryland field sobriety test administration is not done properly, the tests do not matter.
One-Legged Stand Test
The one-legged stand is a balancing test. The person puts their feet side by side and they are instructed how to take the test. They pick whatever foot the person wants, lifts it six inches off the ground, and they count until they are told to put their foot down. The officer times the person for 30 seconds.The person’s hands must stay by their side, not more than six inches off the side. If the person sways, if they put their foot down, if the person counts incorrectly, the person is going to lose points.
An officer cannot solely use this test to determine sobriety. They must combine all their observations, all the factors of these three tests together with personal contact, and observations of the perosn’s driving behavior.
Anyone who takes these tests has to understand if a person has an injury, regardless of how minor it is, if the person discloses problems with their knees, if the person had surgery or there is a back injury, these factors could adversely affect the tests because the person is putting pressure on their body.
Benefit of Maryland DUI Lawyer
A Maryland DUI lawyer knows exactly how the field sobriety tests must be administered. This is not everyday knowledge that an individual may have, so it is of the utmost importance for a person to be informed. If not, it could cost them their freedom. By consulting with a Maryland DUI lawyer, a person will know what to expect from field tests, from charges, from penalties, and any other legal questions they may have. Call an experienced attorney today.