Officers in Maryland can stop you on the road if they have reason to believe that you are driving under the influence. If they do, they might ask you to participate in some tests to help them determine whether or not they have probable cause to arrest you.
However, these tests are not entirely foolproof. An officer might arrest you for DUI even without drinking alcohol because external factors can affect your performance. If uneven surfaces or harsh weather conditions affect your balance, they might lead to field sobriety test results that do not accurately reflect how drunk you are.
What can affect your performance during field sobriety tests?
Field sobriety tests can measure your coordination, balance and focus, but officers often conduct them on the side of the road – sometimes under imperfect conditions. External factors that can get in the way of your performance during a test include:
- Road and weather conditions: Uneven pavement, gravel, rain, wind or poor lighting can throw you off balance
- Footwear and clothing: Boots, heels, tight skirts or bulky coats can limit your mobility
- Traffic and noise: Passing cars, flashing lights and loud noises can get in the way of your concentration
- Health and fatigue: Inner ear issues, injuries, anxiety, low blood sugar or lack of sleep can affect your performance in the tests
- Officer instructions: Unclear instructions or poor observation can lead to a wrongful arrest
Because one’s performance in field sobriety tests is used as evidence in DUI cases under Maryland Code, Transportation Section 21-902, the factors that interfere with the tests may also affect how courts judge proof.
Strong evidence can protect you from a DUI charge
Facing a wrongful charge can be an extremely stressful experience. Though poor performance in field sobriety tests alone is likely not enough to warrant a DUI charge, it is still a form of evidence. This means it can affect a court’s decision.
If you are confident that external factors have affected your results in a field sobriety test, it is important to document the conditions as soon as possible. Take note of the location, the surface of the ground, the weather, your health as well as how the officer gave the instructions.
With strong evidence, you can challenge the reliability of your test results in court, potentially protecting you from a DUI charge.