Should You Refuse a Field Sobriety or Breathalyzer Test?
Few people, when confronted by a police officer on the roadway, refuse to take the field sobriety test. If you take the standard field sobriety tests (SFST) and fail, the police officer will have probable cause to believe that you are driving under the influence. Unfortunately, perfectly sober people could fail these tests due to disability, illness or poor coordination, tiredness or poor testing conditions, i.e. raining, etc.
You can refuse the breath test at the scene on the roadway, but if you refuse the subsequent breathalyzer test at the police station, your license could be suspended for up to 120 days for a first offense. You have limited options to fight this license suspension, but you do have the right to request an administrative hearing before the Office of Administrative Hearings (OAH) within 30 days of the stop.
It is important to remember that before you accept a suspension for refusal to take a breathalyzer test, contact The Law Offices of Richard P. Arnold and speak with a lawyer. We have handled thousands of drunk driving cases in our decades of criminal defense work. We can explain your options and fight to protect your rights in both the administrative hearing and criminal case.
There are many things to consider when you are facing penalties for refusing to take field sobriety or breathalyzer testing. These include:
- Did you understand what you were doing when you refused the breathalyzer? Although this is a difficult situation, it may be possible to argue at a hearing that you were not informed of the ramifications of refusing the breathalyzer.
- Did the police have a right to stop you and question you? An investigation into whether the officer had reasonable articulable suspicion to stop you and probable cause to arrest you could prove invaluable. The police must have reasonable suspicion in order to stop your car. Was their suspicion grounded?
- If you failed the test, was there another reason besides alcohol or drug consumption? In Maryland, law enforcement typically uses three field sobriety tests: the horizontal gaze nystagmus test the walk and turn test, and the one leg stand test. These activities test balance, coordination, memory and cognitive function. There could be any number of reasons that a person's balance or coordination is impaired.
Aggressively Fight Against the Consequences of DUI/DWI-Related Charges
The consequences of a DUI conviction can be costly, particularly if you have had a prior conviction. If there is a defense, our DUI attorneys will find it. Contact our office in Greenbelt, Rockville, Annapolis or Upper Marlboro to schedule a free initial consultation.
