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I'd like to take a moment to discuss the standardized field sobriety testing in Maryland.
In Maryland, there are three standardized field sobriety tests that an officer will
ask a suspected DUI driver to perform. The horizontal gaze nystagmus test, the walk and
turn test, and the one-leg stand test.
The horizontal gaze nystagmus test is a test where the officer has you track a stimulus,
either his finger or a pen, with your eyes and your eyes only.
The officer is looking for an involuntary jerking or twitching of the eyes when making
that motion. This is not something that you can physically notice or control.
The next test is the walk and turn test.
In this test, the officer will have you stand in instructional position while he explains
the test and then take nine heel to toe steps, turn with a series of small steps and take
nine heel to toe steps back.
Finally, the one-leg stand test. In the one-leg stand, the officer will have you stand on
one foot and count to 30 while looking down at your foot without moving, swaying, or using your arms for balance.
The important thing to understand about all three of these sobriety tests is that one,
they're voluntary. And two, they're designed for you to fail.
Many people who have had nothing to drink can still not perform the standardized field
sobriety test, particularly in the middle of the night while they're nervous on the
side of the road, scared that they're about to get a DUI.
Because the tests are voluntary, there is no legal penalty for refusing to do field sobriety tests.
My advice to you is that you should always refuse field sobriety testing when pulled over for a DUI.