Field sobriety tests are often seen as a “make-or-break” moment during a DUI stop. Many drivers believe that if they pass the walk-and-turn or balance test, they’re in the clear. Unfortunately, passing a field sobriety test doesn’t always stop an officer from making an arrest, and it certainly won’t guarantee that you won’t be charged.
At Hartman Attorneys at Law, we defend clients in Annapolis and throughout Maryland who are facing DUI charges, even when the field sobriety tests appear to be clean or inconclusive. With former prosecutor Christian Hartman leading our practice, we understand how DUI cases are built, how police interpret observations, and how to fight back when the evidence doesn’t support the charge.
Field Sobriety Tests: Not the Whole Story
Field sobriety tests (FSTs) are just one piece of the DUI investigation puzzle. While they are designed to detect signs of impairment, they are subjective, influenced by external factors, and not mandatory under Maryland law.
Even if you pass the standardized tests, such as:
- Walk-and-turn
- One-leg stand
- Horizontal gaze nystagmus (HGN)
You may still be arrested and charged with DUI based on other indicators.
Other Evidence That Can Lead to DUI Charges
Maryland law allows officers to make a DUI arrest if they have probable cause to believe you were driving under the influence. Probable cause can be based on a totality of circumstances, including but not limited to:
Driving Behavior
Erratic movements, swerving, speeding, or abrupt braking may be cited as signs of impaired driving.
Officer Observations
Law enforcement may note:
- Slurred speech
- Bloodshot or watery eyes
- Unsteady movements while exiting the vehicle
- The smell of alcohol or drugs
Even if you passed field tests, these observations can be cited in the police report.
Admission of Consumption
If you admit to having a few drinks—even if you don’t seem impaired—that statement can be used to justify further investigation or arrest.
Chemical Testing
Most importantly, officers may administer a preliminary breath test at the scene or request a chemical test (breath, blood, or urine) after arrest.
If your blood alcohol content (BAC) is 0.08% or higher, you can be charged with DUI per se, regardless of your field sobriety performance.
DUI Per Se in Maryland
Under Maryland Transportation Code § 21-902(a)(2), DUI per se means you were driving with a BAC of 0.08% or greater, making proof of actual impairment unnecessary. That means:
- You could appear sober,
- Pass your balance test,
- However, you may still be arrested and charged based solely on your BAC result.
What If My Field Sobriety Test Wasn’t Recorded?
In many cases, the field sobriety test is not captured on bodycam or dashcam footage, or the footage may be unclear. Officers then rely on their written recollection of your performance, which is often biased toward arrest justification.
That’s why it’s important to have a defense attorney who can:
- Challenge the accuracy and subjectivity of those observations
- Request and review any available video evidence
- Question whether proper testing procedures were followed
How We Defend DUI Charges in Annapolis and Beyond
At Hartman Attorneys at Law, we know how to expose weaknesses in the prosecution’s case, especially when there’s no failed field test to point to. Our approach includes:
- Reviewing dashcam, bodycam, and roadside footage
- Investigating the reliability of chemical tests
- Contesting whether the traffic stop was lawful
- Challenging probable cause for the arrest
- Filing motions to suppress unlawfully obtained evidence
With Attorney Christian Hartman’s prosecutorial background, we’re equipped to anticipate how the state will approach your case—and how to fight it with precision.
Arrested for DUI Despite Passing Field Sobriety Tests? Let’s Talk.
Don’t assume that passing a roadside test is enough to avoid a conviction. DUI charges in Maryland can still proceed based on other evidence, and you need a defense that accounts for every legal angle.
Contact Hartman Attorneys at Law to schedule a free, confidential consultation. We’re available 24/7 and proudly defend clients in Annapolis, Glen Burnie, and throughout Anne Arundel County.