If you get pulled over on suspicion of drunk driving, the officer will probably want you to perform some type of roadside test. This could mean doing field sobriety tests, like the one-leg stand or the walk-and-turn test. It could also mean providing a blood alcohol concentration (BAC) reading, perhaps by taking a portable breath test or going to the police station to use a Breathalyzer.
What you may be wondering is if you have to submit to these tests simply because you’ve been pulled over. Are you obligated to perform them, or can you refuse the roadside tests if you want?
Refusals and ramifications
You can often refuse, but there may be ramifications. With field sobriety tests, you are never obligated to take them. You can tell the officer that you do not feel comfortable doing so. This does not mean that you are intoxicated or impaired. Perhaps you just know how unreliable these tests are, and you’re trying to prevent a false positive that could lead to an arrest.
With breath tests, things get a bit more complicated. Technically, you can still refuse to take the test. However, implied consent laws in Maryland mean that you have already given your consent to these tests under state law. If you are driving a car, refusing to perform the test has ramifications. For instance, you could be given a driver’s license suspension for 270 days for a first offense or two years for a second offense.
If you do find yourself facing charges, whether you performed the test or not, be sure you understand all of your legal defense options.