If you’re pulled over in Maryland and suspected of driving under the influence, one of the first things an officer may ask is:
“Would you be willing to step out of the vehicle and perform some field sobriety tests?” In this moment, many drivers aren’t sure what to do. Is this a legal order? Will refusing make things worse? What if you’re completely sober but nervous and clumsy under pressure?
At Hartman Attorneys at Law, we want drivers in Annapolis and throughout Maryland to know one key fact:
You are not legally required to take field sobriety tests. These tests are voluntary, and in many cases, refusing may be the wiser decision—especially if you want to protect yourself from unfair arrest or prosecution.
What Are Field Sobriety Tests?
Field sobriety tests (FSTs) are physical and cognitive exercises used by law enforcement to observe signs of impairment during a traffic stop. The three standardized tests approved by the National Highway Traffic Safety Administration (NHTSA) include:
- Horizontal Gaze Nystagmus (HGN): Eye movement tracking
- Walk-and-Turn: Walking heel-to-toe on a line
- One-Leg Stand: Balancing on one foot
Officers use these tests to build probable cause for a DUI arrest. However, the results are highly subjective and often influenced by factors such as nerves, medical conditions, weather, or even roadside conditions.
Are You Legally Required to Perform Field Sobriety Tests in Maryland?
No. Field sobriety tests are not mandatory under Maryland law.
Unlike breathalyzer or chemical tests—which fall under the state’s implied consent law—there is no administrative penalty for refusing a field sobriety test. You can politely decline, and doing so cannot be used against you in court as evidence of guilt.
That said, an officer may still proceed with an arrest if they believe they have other signs of impairment (e.g., slurred speech, odor of alcohol, erratic driving). But refusing FSTs often limits the evidence they can use against you in a DUI prosecution.
Risks of Complying with Field Sobriety Tests
Many drivers agree to perform these tests, thinking they’ll “pass” and be allowed to go. Unfortunately, that’s rarely how it plays out.
Here’s why performing field sobriety tests can be risky:
Subjective Scoring
Officers are looking for specific “clues” of impairment. You might sway slightly, lose balance, or forget part of the instructions—all of which could be interpreted as signs you’re under the influence, even if you’re completely sober.
Non-Standardized Conditions
You’re being asked to perform coordination tests on the side of a road, possibly at night, in bad weather, or on uneven ground—all while under stress. That’s hardly a fair environment.
Used to Justify Arrest
In many cases, officers have already decided to make an arrest and simply use FST results to support that decision. If you “fail,” it becomes a central part of the case against you.
Risks of Refusing Field Sobriety Tests
While refusal is legal, it may still come with some practical consequences, including:
- Officers may become more suspicious, possibly leading to an arrest
- Refusal might prompt a request for a preliminary breath test or official chemical test
- You may still be arrested based on other observed signs of impairment
Still, by refusing the FSTs, you limit the evidence the prosecution can use in court. That’s a powerful legal advantage, especially when represented by a defense attorney who can challenge the remaining elements of the case.
What Should You Say if Asked to Perform Field Sobriety Tests?
You have the right to decline respectfully. Here’s a calm, legally sound way to respond:
“Officer, I respectfully decline to perform any field sobriety tests.”
You do not need to give a reason. You do not need to argue or resist. Stay calm, comply with all other lawful commands (like providing your license), and ask to speak with an attorney as soon as possible.
How Hartman Attorneys at Law Can Help
Whether you complied with or refused field sobriety testing, being arrested for DUI doesn’t mean you’re guilty. At Hartman Attorneys at Law, we provide aggressive, experienced defense in Annapolis and the surrounding courts. As a former prosecutor, Attorney Christian Hartman understands how officers and the state attempt to use FSTs as leverage—and how to challenge them effectively.
We can:
- Review bodycam and dashcam footage of your traffic stop
- Identify errors in test instructions or administration
- Challenge the credibility and training of the arresting officer
- File motions to suppress flawed or unreliable evidence
- Represent you at MVA hearings to protect your license
We offer 24/7 availability, direct access to your attorney, and a commitment to strategic, hard-hitting DUI defense.
Arrested After a DUI Stop in Maryland? Let’s Talk.
If you were arrested after refusing or “failing” a field sobriety test in Maryland, the prosecution may have less evidence than they think. We can help you fight back before charges stick.
Contact Hartman Attorneys at Law today to schedule a free, confidential consultation with a DUI defense attorney in Annapolis who knows how to challenge every step of the stop.