- Frank Benvenuto, P.A.
What About Field Sobriety & Breathalyzer Tests?
Updated: Feb 8, 2021
You do NOT have to submit to any field sobriety tests (FSTs). It’s well known that many people have trouble with these tests when completely sober due to physical limitations or because they simply have problems with balance, especially elderly and/or overweight people. Refusal will raise suspicion, but by the time the officer requests the FSTs, (s)he has probably already deemed you impaired.
The breath test is a separate issue. You MAY refuse the breath test, but there are consequences to that decision. In Maryland, refusal to take a breath test will result in the one of the following reprisals
You may be allowed, at your own expense, to install and maintain an alcohol testing interlock device on your vehicle for a period of at least one year
A valid legal defense may reduce or eliminate the above two reprisals. Another reason that a good experienced lawyer is a MUST do
ADVICE OF RIGHTS – (Maryland Transportation Article §16-205.1)N
You have been stopped or detained and reasonable grounds exist to believe that you have been driving or attempting to drive a motor vehicle under circumstances
requiring that you be asked to submit to a test under Maryland Transportation Article §16-205.1. In this situation, the law deems that you have consented to take a test
to measure the alcohol concentration or drug or controlled dangerous substance content in your system. You may refuse to submit to the test(s), unless you were in a
motor vehicle accident resulting in the death of or life-threatening injury to another person.
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