Law Offices Of Allan Rombro
You cannot be compelled to submit to a field sobriety test or a Breathalyzer test in Maryland. However, by refusing the tests, you will be penalized by the Motor Vehicle Administration (MVA). Refusing to take the breathalyzer automatically results in MVA suspending your drivers license. At your MVA hearing, the rules of evidence and procedure are guided by different Maryland law than what guides your criminal case. This means it is essential to hire a DUI, DWI, drunk driving lawyer with experience winning cases at MVA related to DUI license suspension.
There are three standard types of field sobriety tests used in Maryland: the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. These tests are designed to help the police decide if a driver is under the influence of drugs or alcohol, and also to test a person’s balance, coordination, memory and ability to follow instructions.
There are several types of defenses to consider if you have failed either the field sobriety test, the breathalyzer test or both. Allan Rombro will analyze your charges and consider all possible defenses, including:
- Physical limitations to test performance such as fatigue, vision, inner ear problems, diabetes, age or other factors that reduce coordination
- Prescribed medication that had side effects contributing to test results
- Illness, disease, disability or addiction that contributed to test results
- Have you had gastric bypass surgery?
- Road conditions. Were you tested on a flat well lit surface? Was there oncoming traffic and headlights? Were the police emergency lights blinding your vision? Were you wearing high heels or barefoot? Was there any debris on the test surface?
A: If you refuse to take the breathalyzer, your license will be suspended by MVA. When you first obtain your Maryland drivers license, you agree to submit to a breathalyzer if you are arrested for DUI, DWI or drunk driving. Refusal to take a breathalyzer test results in automatic suspension of your Maryland driving privilege and you can lose your drivers license.
A: No. You can refuse a field sobriety test. The field sobriety test is a tool used by police, usually at roadside, and designed to provide enough evidence of DUI, DWI or drunk driving. This test is subjective and based on faulty science. Despite this, it is widely accepted as a law enforcement tool. If the police determine that you failed a field sobriety test, that allows them to request that you take a breathalyzer test.
Law Offices Of Allan Rombro
Whether you are facing first offense DUI or multiple offense DUI charges, Allan Rombro has 30 years of experience, extensive knowledge of DUI science and the complex MD DUI and DWI laws along with a superior track record winning DUI cases in every jurisdiction and courtroom in Maryland.