Standard field sobriety tests evidence is used by the police to determine probable cause and the State to prove guilty beyond reasonable doubt.
Standard field sobriety tests evidence: probable cause or guilty beyond a reasonable doubt?
A police officer pulls someone over. The police officer sees an open container and administers field sobriety tests. Can these two things alone be used to convict someone of driving under the influence in Maryland?
Yes. You can be convicted of a DUI based on standard field sobriety tests evidence. The standard field sobriety tests can be enough if believed and given weight by the finder of fact.
Sometimes people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles.
The standard field sobriety tests are designed to give police a reason to arrest: You cannot “pass” them.
You will want a Maryland DUI lawyer that is familiar with the standard field sobriety tests. Perhaps, one that is certified to administer these tests.
Bottom line, you want an experienced drunk driving defense attorney. An experienced criminal defense attorney can help you evaluate defenses and mitigate your punishment.
You can be convicted of a DUI based upon the standard field sobriety tests as well as other evidence without the breathalyzer test. If you refused the test, the fact of the refusal can also be used as evidence!