If you’ve been pulled over for suspected driving under the influence (DUI) in Annapolis or elsewhere in Anne Arundel County, the officer may attempt to require you to perform field sobriety tests (FSTs). While these tests are intended to measure impairment, they are highly subjective, and mistakes in administration can significantly weaken the prosecution’s case.
At Hartman Attorneys at Law, we defend clients accused of DUI in Annapolis, Glen Burnie, and surrounding areas. Led by former prosecutor Christian Hartman, our team leverages knowledge of law enforcement procedures and scientific limitations to challenge improperly administered field sobriety tests and pursue evidence suppression where appropriate.
What Are Field Sobriety Tests?
Field sobriety tests are standardized tasks officers use to assess whether a driver is impaired. The most common tests in Maryland include:
- Horizontal Gaze Nystagmus (HGN): Following a pen or object with your eyes to detect involuntary jerking.
- Walk-and-Turn (WAT): Walking heel-to-toe in a straight line while following officer instructions.
- One-Leg Stand (OLS): Balancing on one leg while counting aloud.
FST results are used in conjunction with observations such as slurred speech, bloodshot eyes, or an odor of alcohol. Although officers are trained to administer these tests, mistakes are common, and these errors can form the basis of a strong defense.
Common Mistakes Officers Make During Field Sobriety Tests
Even trained officers may misapply FST procedures. These mistakes can create reasonable doubt or support motions to suppress test results:
Improper Instructions
Officers must clearly explain the test steps and demonstrate how it is performed. Miscommunication or vague instructions can render the test unreliable.
Environmental Factors
Uneven ground, poor lighting, inclement weather, or obstacles can affect balance and coordination. Maryland courts recognize that such factors may render test results invalid.
Physical Limitations of the Driver
Medical conditions, injuries, age, or disabilities can impact performance. Officers are required to consider these limitations; failing to do so may constitute error.
Timing Errors
Tests like the HGN require precise observation for specific durations. Rushing the test or failing to follow the exact timing protocol can lead to inaccurate results.
Bias or Preconceived Conclusions
Field sobriety tests are subjective. Officers who have already decided a driver is impaired may unconsciously interpret normal movements as signs of intoxication.
Lack of Documentation or Video Evidence
In Maryland, officers are encouraged to record the administration of FSTs. Missing or incomplete documentation can hinder the prosecution’s case and support suppression arguments.
How FST Mistakes Can Help Your DUI Defense
Errors in field sobriety testing can form the basis for challenging evidence in court. Some defense strategies include:
Filing a Motion to Suppress
If an FST was improperly administered or conditions made it unreliable, your attorney can request that the court exclude the test results from evidence. Successful suppression can significantly weaken the prosecution’s case.
Highlighting Witness and Environmental Evidence
Testimony from passengers, bystanders, or video evidence may show that environmental conditions or officer instructions contributed to poor performance, not intoxication.
Questioning Officer Training and Procedure
Attorneys can scrutinize the officer’s certification and adherence to Maryland State Police guidelines for standardized field sobriety testing. Deviations from protocol can call results into question.
Why Experienced DUI Defense Matters in Annapolis
The DUI process in Maryland involves both criminal court and MVA administrative proceedings. Mistakes on FSTs not only impact criminal charges but also influence driver’s license suspension hearings.
At Hartman Attorneys at Law, we provide:
- Direct access to your attorney for questions and concerns
- 24/7 availability for urgent legal issues
- Aggressive investigation of officer errors and test administration
- Representation in both court and MVA hearings
By examining the full context of your stop, including police observations, environmental factors, and medical considerations, we build a defense tailored to your situation.
Protect Your Rights After a DUI Stop in Annapolis
Failing a field sobriety test does not automatically mean a DUI conviction. A proper legal review can identify mistakes, challenge unreliable evidence, and potentially result in the dismissal or reduction of charges.
If you’ve been pulled over in Annapolis for suspected DUI, acting quickly is crucial. Early intervention allows us to investigate the stop, review video footage, and assess whether officer errors impacted your FST results.
Contact Hartman Attorneys at Law for a free, confidential consultation. We’ll review your DUI case, identify weaknesses in the prosecution’s evidence, and fight to protect your rights and driving privileges.