A DUI charge can derail and complicate your life in multiple ways. From high fines to substantial time behind bars, to the potentially loss of your employment, this is not a charge to brush off.

Officers often decide to make arrests based on what they deem are the results of field sobriety tests. This means people can find themselves facing a DUI charge even when they should not be. Being charged, however, is not the same as being convicted. Often, the difference between a conviction and a clean record is the legal counsel you hire to show that the field sobriety tests should not be used against you.

What makes field sobriety tests inaccurate?

Pop culture paints a very simplistic view of drunk driving arrests. The perp is always very obviously inebriated, pulled over after cartoonish swerves across a freeway. Upon seeing the driver’s state, the officer has a duty to God and country to request that the driver perform a series of sobriety tests — which the driver obviously fails. Handcuffs goon, and away they go to jail. Case closed.

Real life is not quite so clean-cut. While officers can and will try to give you a field sobriety test, it is not the foolproof method they would like you to believe. In Let us look at the three standard field sobriety tests commonly used by officers, to better understand why.

• Horizontal gaze nystagmus test, in which an officer uses a pen or flashlight to track eye movement. Those inebriated theoretically cannot follow the pen smoothly with just their eyes because the reaction to light is involuntary.
• One-leg stand test, which — as one may guess — involves an officer testing the driver’s balance to judge the level of impairment.
• Walk and turn test, another test for balance. This test emphasizes the driver’s ability to keep count of his or her steps and walk in a straight line.

Just listing these out brings to light some obvious issues. People who are especially nervous or anxious may be unable to concentrate. Those with any number of physical disabilities may be unable to stand on one leg, or they may have balance issues that prevent them from walking in a straight line. Even an ear infection can affect one’s balance.

But surely, these examples are rare, no? Most people do not have ear infections or documented balance issues. Yet studies have long been done on the accuracy of these tests, and they found that — all together — the three standard field sobriety tests are only correct 82% of the time. Individually, the accuracy is even lower per test.

Why is that? To put it simply, these tests are largely subjective. What constitutes a fail may differ from officer to officer and there are so many factors that could impact the results, and very few of those factors include the actual consumption of alcohol. That is why a third of sober people fail field sobriety tests, and that is why the tests cannot be trusted. Thankfully, you are allowed to decline a field sobriety test — and we recommend you do so — but know that an officer may take that as probable cause to arrest you. But the less they have to hold against you (such as a failed sobriety test) the better for you and your case.

What are the penalties for Maryland DUI convictions?

Aside from fines and potential prison time, a DUI conviction usually includes restrictions on your license along with it. This triple-whammy punishes from all angles and ensures you are still paying even after your release. In theory, this is all for good reason. People die from the actions of drunk drivers every day, and driving under the influence is therefore, of course, a behavior to be discouraged. Like most laws, Maryland’s DUI charges are meant to deter as much as punish:

• First time offenders face up to a year in jail and a $1,000 fine, along with 12 points on their license. Their license may also be revoked for up to six months.
• Second time offenders will also receive 12 points, but they could be in prison for two years and made to pay $2,000 in fines. Their license may be revoked for a full year.
• If someone has been convicted twice within five years, they face a mandatory suspension of their license while they participate in the Ignition Interlock Program. This would be on top of fines and prison time decided by the judge.

Understand that you could still lose your license even if you “beat” the DUI charge itself. This is because the Motor Vehicles Administration (MVA) handles license revocation and suspension. It is a separate issue from the penalties you face from the criminal justice system.

Furthermore, a DUI conviction can lead to a lot of collateral damage. You could lose your job, either because you cannot get there without a car or because your contract has a morality clause. If someone is hurt, you could face felony charges, and a felony conviction can cost you your professional license, your security clearance, and your right to carry a weapon.

Whether this charge is the first you have faced or the fifth, you still deserve a fair trial with accurate information. Your guilt should never be assumed. At the end of the day, it does not matter what your arresting officer thought they saw; what matters is the truth and the manner in which it is pursued. That is why anyone facing a Maryland DUI charge, especially after failing a field sobriety test, should find trustworthy and aggressive legal representation as quickly as possible. The right DUI defense attorney knows how to comb over a case and make it as strong as it can be before it is presented in court, and even if a full dismissal of the case is not an option, they can work to lessen the severity of the punishment.

Law enforcement is notorious for making improper judgement for the sake of meeting a quota, asserting their authority, or even out of genuine misunderstanding. Whatever the reason, you should not have to pay for it with both your freedom and your savings. If you are facing a DUI charge after failing a field sobriety test, trust Carey Law Office to help. We are located in Bowie, Crofton, and Owings, and we have decades of experience fighting for the rights of people just like you. To learn more and get started, call us today at 301-464-2500 or use our contact form. Let’s fight for you — together.