Are You Legally Required to Take a Field Sobriety Test?
In Maryland, when you have been stopped while driving and the officer suspect that you are impaired, he or she may ask you to submit to a field sobriety test. That can take a variety of forms, from walking a straight line forward and backward to following the police officer’s flashlight with your eyes. The purpose of the test is to establish probable cause to require that you take a breathalyzer or blood alcohol test.
You Are Not Required to Engage in a Field Sobriety Test in Maryland
Though the concept of implied consent requires that motorists in Maryland submit to a breathalyzer test (upon a finding of probable cause) or face significant sanctions, there is currently no law in the state of Maryland that requires that a driver take a field sobriety test. Accordingly, if you refuse to take a field sobriety test, the officer must base a finding of probable cause on other observations or evidence. Furthermore, your simple refusal to take a field sobriety test cannot be the basis for probable cause to require a breathalyzer test.
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Attorney Jonathan Scott Smith has more than 40 years of experience protecting the rights of criminal defendants across the Baltimore metropolitan area and the state of Maryland, including people charged with misdemeanors or felonies. He has been received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from his colleagues in the Maryland bar for more than three decades. He has been ranked among the top 100 lawyers in Maryland listed by SuperLawyers and was named a Top-Rated Lawyer by The American Lawyer Magazine. He has also earned Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all lawyers nationwide.
Over the past 30 years, attorney Smith has successfully protected the rights of individuals facing all types of criminal charges, including prosecution for domestic violence or abuse. He will work hard to protect your constitutional rights, fully investigating your case to verify that law enforcement officers and prosecutors follow proper procedures when gathering evidence. He’ll question all potential witnesses and preserve all relevant evidence, so that he can prepare and present the most compelling arguments for your acquittal.
Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.
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Contact our office by e-mail or call 410-740-0101 for a free initial consultation. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.
When you’ve been pulled over, for any reason, one of the first things the officer will typically ask is whether you have been drinking. If you say that you have, or if the officer observes behavior that provides probable cause, he or she may ask that you take a blood alcohol test. You can legally refuse, but there are serious consequences. If you take and fail the breathalyzer test, though, you can still challenge the results in court.
In Maryland, when you have been arrested and charged with a crime, it will fall into one of two categories—it will either be a misdemeanor or a felony. The initial determination as to which type of charge you’ll face will be based on the Maryland criminal statutes, which identify each violation of the law as either a misdemeanor or a felony. Often, prosecutors will charge you with both, so that you can still be found guilty of the lesser offense if there is insufficient evidence to convict you on the felony charge.
In Maryland, as in all states, there are generally two sides to the legal process: the criminal laws and processes, and the civil law. A single incident can give rise to both criminal proceedings and civil proceedings. For example, if you are driving under the influence of alcohol and strike another vehicle, you may be charged with a 
Under Maryland law, you can be prosecuted for vehicular homicide as a consequence of four different events:
You ran a red light or a stop sign and caused an automobile accident. As a consequence of the accident, another person suffered a serious injury or may have died. Can you face criminal charges in Maryland because of a car wreck? 
You’ve been arrested, charged and prosecuted for a crime, but the jury acquitted you. Can you be prosecuted again for the same event? If not, what prohibits that?
There are distinct differences between prosecution for a criminal offense and the pursuit of a legal remedy through a civil proceeding:
