You went out with coworkers for a couple of beers during happy hour at the bar by your job site. You are just heading home when you see those dreaded blue lights reflecting in your rearview mirror.
The police officer suspects that you have been drinking and asks you to perform some of the field sobriety tests. Should you comply?
Don’t gift the prosecution with evidence against you
There is never a good reason to attempt roadside sobriety tests after a traffic stop. For one, the environment is far from conducive to a successful attempt. You are nervous, standing alongside a road or highway with traffic passing mere feet away from you.
Even without the above factors, understand that these tests are highly subjective in nature, and most people can’t perform them well regardless of their sobriety.
Walk and turn test
Many people, especially those in middle age and beyond, can struggle with walking heel to toe for a series of steps. Balance problems, knee or ankle issues, can make failure inevitable despite not being impaired by drugs or alcohol.
Horizontal gaze nystagmus test
This begins with the command to follow the officer’s pen with only your eyes and not your head. Some people have vision problems, like a lazy eye or astigmatism, that are barriers to passing.
One-legged stand
How’s your balance these days? You’d better hope it’s good, because you will need to remain upright and motionless while perched on one leg for half a minute on the side of the road. If you are like a lot of Maryland residents of a certain age, this is a test you will likely fail.
Politely refuse to comply
Police know that those suspected of driving under the influence (DUI) can’t be compelled to try the roadside sobriety tests. You will likely be arrested and charged with drunk driving. Once arrested, invoke your right to remain silent until you have conferred with counsel.