Challenging Field Sobriety Test Results in Maryland

 Posted on June 17, 2025 in DUI Charges

Field sobriety tests are often used by law enforcement to determine whether a driver should be arrested for impaired driving. Field sobriety tests are designed to assess cognitive functioning, balance, and physical coordination, providing an officer with sufficient evidence to justify an arrest. While the use of field sobriety tests is widely accepted, the tests are fallible. Under certain circumstances, the results of a field sobriety test can be challenged in court.

An officer must have reasonable suspicion to pull a driver over, meaning the driver must have made a driving error, like crossing the center line, speeding, or running a red light. Without reasonable suspicion, even if the officer saw the driver leave a bar at 2:00 a.m., the driver could not be pulled over. At this point, the officer must have probable cause to believe that the driver is impaired. This could begin with slurred words, red eyes, or a strong odor of alcohol.

Field sobriety tests are used to strengthen the probable cause and arrest the driver. However, if there were problems with the field sobriety tests, the entire case could potentially be dismissed due to a lack of sufficient probable cause to base a DUI arrest on. If you are facing DUI charges, you need an experienced Frederick County, MD DUI lawyer who can comprehensively evaluate your arrest and the evidence, then build a strong defense on your behalf.

Challenging Field Sobriety Tests

There are a number of challenges that can be implemented in a DUI case to show that the tests were not accurate. These challenges include:

The Driver’s Medical Conditions

Certain medical conditions and physical impairments can result in a driver performing poorly on field sobriety tests even when totally sober. Vertigo, arthritis, or neurological disorders can significantly affect coordination and balance. Injuries like sprains or fractures can make walking a straight line impossible. Certain medications can cause dizziness or muscle weakness, and advanced age, in general, will make it more difficult for a driver to perform well on the tests.  

The Environment

DUIs often occur at night, and field sobriety tests take place on the side of the road, which is generally rocky and uneven. Poor lighting and inclement weather can increase the likelihood of a driver performing poorly on field sobriety tests. Documenting environmental factors with photos may provide enough evidence to challenge the results.

Errors in Administration of the Tests or Improperly Trained Police Officers

The accuracy of field sobriety tests depends heavily on how they are administered. Strict protocols must be followed, and any deviation from these protocols can result in unreliable results. If the officer lacks proper training, fails to follow established procedures, or has preconceived notions regarding the suspect, the tests may not accurately reflect the driver’s impairment.

How to Challenge Field Sobriety Tests

If the driver has a valid reason for not performing well on the tests, the defense attorney must provide evidence. Dashcam or bodycam footage can capture inconsistencies in how the tests were administered or reveal environmental factors that may have skewed the driver’s performance.

Expert witnesses can be brought in to challenge the results of field sobriety tests. These professionals will possess extensive knowledge in fields such as medicine or toxicology and can provide alternative explanations for the driver’s behaviors; for example, poor balance could be the result of inner ear problems.

Contact a Montgomery County, MD DUI Lawyer

If you are facing DUI charges, a skilled Rockville, MD DUI attorney from Law Offices of Mallon Snyder has the knowledge and skills necessary to explore every potential defense on your behalf. Attorney Snyder has 45 years of legal experience and is available 24/7.

He also assists his clients with trial preparation, court attire, and personal coaching. He is willing to fight your case aggressively in court and has excellent relationships with local judges and prosecutors. To schedule your free consultation, call 301-762-7500.