Field sobriety tests (FSTs) have long been utilized by law enforcement to detect alcohol impairment in drivers. However, with the recent legalization of marijuana in Maryland, concerns arise regarding the potential use of similar tests for marijuana impairment on drivers. Given the flaws in the long-used field sobriety tests for alcohol impairment, we should question the efficacy of reapplying this already flawed system to marijuana users. How can we trust in the reliability of a system that has been proven time and time again to be an unreliable measure of an individual’s sobriety?

Understanding field sobriety tests for alcohol impairment

Field sobriety tests for alcohol-related DUIs typically include tests such as the walk-and-turn, one-legged stand, and horizontal gaze nystagmus. These tests are standardized and widely used by law enforcement officers to determine if a driver is under the influence of alcohol. However, their reliability and limitations have been subjects of debate.

In the late 1970s, the Southern California Research Institute (SCRI) received a federal grant to improve the reliability of and standardized field sobriety tests across all police departments. According to the National Highway Traffic Safety Administration’s (NHTSA) 1981 report on the results of the SCRI’s assignment to create reliable sobriety tests, the efficacy of these tests were always in question.

The SCRI ran laboratory and field trials on their standardized field sobriety tests that began at a nearly 50 percent false arrest rate. Further attempts in 1981 reduced the false arrest rate to approximately 30 percent, which was later claimed to be nine percent in an SCRI report. However, when the test group was examined, a significant number of the subjects had extremely high BAC levels, making their performance on the tests more of a validation of their impairment than a true assessment. Moreover, the tests were not administered to individuals who had consumed no alcohol, meaning there was no baseline in this study.

While field sobriety tests may be effective in verifying that an evidently-impaired individual is over the legal limit, it is not an effective way to assess all drivers at traffic stops. Factors such as nerves, physical conditions and any number of external influences can significantly impact test performance, unjustly incriminating innocent drivers.

The challenges of developing marijuana field sobriety tests

Many Maryland residents celebrated 2022’s ruling that made adult-use marijuana legal in the state. But this opened up a debate that will continue until a science-based solution is met regarding how to accurately identify marijuana-impaired drivers. With the shortcomings of the alcohol field sobriety test in mind, we should already see the problematic nature of potential marijuana field tests. Unlike alcohol, the effects of marijuana on individuals vary greatly depending on factors such as tolerance, potency, and how the marijuana is ingested (eaten, smoked, or vaporized). This makes the goal of a sobriety test more undefinable, since marijuana can produce varied effects on its users.

When considering blood or urine tests for marijuana, the problems continue to pile up for law enforcement. The psychoactive compound in marijuana, THC (the presence of which can impair the senses of the user), can remain detectable in the body for weeks, even when the individual is no longer impaired. With that, definitive testing is not possible with current technology.

The current state of marijuana field sobriety testing

Despite the above stated challenges, attempts have been made to develop marijuana field sobriety tests. Wired.com describes some methods involving observing eye movement or tracking impairments in cognitive functions. However, the reliability and accuracy of these tests remain questionable, but the true progress of science takes years.

How Carey Law Office can help if you’re facing charges for drugged driving

Remember, when the SCRI was developing the current standard field sobriety test, there were many flaws, even upon its completion. Given the varying effects of marijuana on different individuals and the difficulty of THC tracking, the tests may unjustly incriminate countless individuals who are not impaired. Moreover, the subjective interpretations of law enforcement officers during these tests can further exacerbate these issues, potentially leading to wrongful arrests.

The subjectivity of these tests and the reliance on an officer’s judgment introduce a significant margin of error. These flaws can be effectively challenged by a skilled DUI attorney from Carey Law Office, who can argue against the validity of the tests and advocate for their exclusion as evidence in court.

It is essential to ensure a fair trial with accurate information when facing a marijuana DUI accusation. Your guilt should never be assumed. Therefore, if you have been charged with a DUI in Bowie, Crofton, Owings, or anywhere in Maryland, particularly after failing a marijuana field sobriety test, seek a dedicated and experienced defense attorney. At Carey Law Office you will have a DUI defense attorney who understands the severity of the charges against you and will work tirelessly, examining and strengthening your case before presenting it in court. Even if a complete dismissal of the case is not possible, we can work towards mitigating the severity of the penalties imposed.

Law enforcement officers are known to make errors in judgment for various reasons, such as meeting quotas, genuine misunderstandings, or the misuse of the already faulty standardized field sobriety tests for a suspected marijuana user. If you are facing a DUI charge following a failed field sobriety test, trust Carey Law Office to provide assistance. With locations in Bowie, Crofton and Owings, we have extensive experience advocating for the rights of individuals in situations like yours. Contact us today to schedule a consultation and let us fight to preserve your rights. Also serving Calvert County.