If you get pulled over on suspicion of impaired driving, the police officer may ask you to do a field sobriety test. An example of this is the walk-and-turn test, where you walk to a predetermined point, turn around, and return to the officer. You may also have to do the one-leg stand test or the horizontal gaze nystagmus test.
However, these tests are notoriously unreliable and inaccurate. You may not want to take the field sobriety test, even if you have not had anything to drink. You do not want to get arrested after a false positive. Are you allowed to refuse or do you have to do as the officer asks?
You can refuse field sobriety tests
To begin with, yes, you can always refuse to perform field sobriety tests. The officer can’t make you take them. They are voluntary and you can simply say that you don’t wish to perform them. You won’t face any legal penalties, though an arrest is still possible.
Refusing breath tests is another matter
The thing to remember, however, is that there are ramifications under implied consent laws if you refuse a breath test after an arrest. In Maryland, you will lose your license, and it could be a 270-day suspension for a first offense. You may then get a temporary paper license as you go through the legal process. If this is a subsequent offense – second or later – then the license suspension is increased to two years. If you are repeatedly pulled over and you keep refusing tests, the ramifications get worse.
That said, you do have legal defense options whenever you are facing charges. Be sure you know exactly what steps to take and how to protect your future.
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