Can You Politely Decline Field Sobriety Tests in Maryland?

 Posted on April 28, 2026 in DUI

You can legally decline field sobriety tests in Maryland. That said, how you handle the refusal and what happens next matters. A calm, respectful refusal is very different from a combative one, and understanding your rights before you find yourself in that situation can make a real difference. If you are facing a DUI charge in 2026, a Montgomery County DUI defense lawyer can help you understand how your decisions during the stop may affect your case.

What Are Field Sobriety Tests and Why Do Officers Use Them?

Field sobriety tests are physical exercises that an officer asks a driver to perform when they suspect impairment. The three tests approved by the National Highway Traffic Safety Administration are the horizontal gaze nystagmus test, which involves following a moving object with your eyes, the walk and turn test, and the one-leg stand test. Officers use these tests to look for signs of impairment and to build probable cause for a DUI arrest.

The results of these tests are recorded in the officer's report and can be used as evidence against you in court. Because of this, what you do during the tests, or whether you take them at all, is a decision worth thinking through carefully.

Is There a Law in Maryland That Requires You To Take Field Sobriety Tests?

Maryland law does not require drivers to perform field sobriety tests. Unlike breath testing, which falls under Maryland's implied consent law, field sobriety tests are entirely voluntary. You have the right to decline them without facing an automatic license suspension or any other administrative penalty tied to the refusal itself.

Maryland Transportation Article § 16-205.1 covers implied consent and the consequences of refusing a chemical test. That statute does not extend to field sobriety tests, which means the legal framework that penalizes chemical test refusals does not apply here.

How Should You Decline Field Sobriety Tests During a Maryland DUI Stop?

How you say no to field sobriety testing matters just as much as saying it. You want to be calm, polite, and clear. You do not need to explain yourself at length or argue with the officer. A simple response like "I would prefer not to perform the tests" or "I am going to respectfully decline" is enough.

Keep in mind that the officer is watching and recording everything from the moment the stop begins. How you carry yourself, how you speak, and how you respond to the officer will all be part of the record. A polite, composed refusal looks very different to a jury than a heated one.

Can Refusing Field Sobriety Tests Be Used Against You in Maryland Court?

While refusing field sobriety tests is your right, a prosecutor may argue at trial that the refusal shows consciousness of guilt, meaning you refused because you knew you would fail. A judge or jury may be allowed to consider the refusal as one piece of the overall picture of the stop.

This does not mean refusing is always the wrong call. Field sobriety tests can be just as damaging, if not more so, than a refusal. Tests are often affected by factors that have nothing to do with alcohol or drugs, including:

• Uneven or sloped ground at the side of the road

• Poor lighting at the scene

• Unclear or incomplete instructions from the officer

• Nervousness or anxiety during the test

• A physical condition, injury, or medical issue that affects balance or coordination

• Passing traffic that is distracting or disorienting

For many people, declining the tests and dealing with the refusal argument is a better outcome than giving the state a recorded performance to use against them.

How Does the Location of a DUI Stop Affect Field Sobriety Testing in MD?

The location of a traffic stop can affect how field sobriety tests are performed and how the results are evaluated. Roadside conditions in Montgomery County vary widely, from flat suburban parking lots to sloped road shoulders near busy intersections. Uneven surfaces, poor lighting, passing traffic, or bad weather can all affect how someone performs even when they are completely sober. If you did take the tests and did not perform well, those conditions can become part of your defense.

Schedule a Free Consultation With Our Silver Spring, MD DUI Defense Attorneys

At The Law Offices of Gerstenfield & Demirji, PC., we bring warmth and compassion to every client relationship and understand how stressful this experience can be. Our attorneys have built strong relationships with local prosecutors and know how to negotiate effectively when that is the right approach. When the situation calls for it, we can also be aggressive and fight hard for our clients in court. Call 301-589-9500 to schedule your free consultation with our Montgomery County DUI defense lawyers today. We are available 24/7.

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