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What to Know About Field Sobriety Tests in the Winter

 Posted on December 16, 2024 in DUI/DWI

MD defense lawyerField sobriety tests are like speed limits. Speed limits are designed to allow maximum safe speed in fair weather conditions. Field sobriety tests are designed to detect whether someone is over the maximum safe BAC but are also designed to be used in fair weather conditions. When you are pulled over on suspicion of intoxicated driving, the police officers will most likely expect you to take the field sobriety tests wherever you were pulled over. If the weather is clear and above freezing, most sober people will be able to pass these tests. However, if you are trying to take the tests in freezing, snowy weather, the tests might not accurately reflect whether you are sober. An experienced Towson, MD DUI attorney may be able to have the results of your field sobriety tests excluded if this happened to you.

What Are Field Sobriety Tests Measuring? 

Field sobriety tests are not scientific tools meant to measure your BAC - only a lab test can do that. Instead, field sobriety tests are meant to help police officers determine whether you appear intoxicated. In short, field sobriety tests are a tool to help police officers justify DUI arrests based on probable cause.

Who is Disadvantaged by Winter Weather During DUI Stops? 

Everyone asked to take field sobriety tests during harsh winter weather is at a disadvantage compared to those pulled over in fair weather. People who might be especially harmed by field sobriety testing in winter weather include: 

  • People with little experience in the snow - If you grew up here in Maryland or another cold climate, walking on snow and ice is probably second nature to you. Visitors and transplants from warm climates may struggle to keep from slipping and falling even sober and might find walking a straight line impossible. 
  • Older adults - Older adults may struggle more than younger people to keep their balance in the snow and over ice. Conditions like arthritis can be aggravated by cold weather, making field sobriety tests all the more difficult. 
  • People with medical conditions - Some medical conditions can make being outside in the cold difficult or dangerous, which can lead to a sufferer appearing to fail field sobriety tests. 
  • People who were not dressed to be outside - Not everyone out driving is dressed to be outside in severe weather. Many people warm their cars before getting in and skip wearing a coat and snow boots on short trips. Improper footwear and inadequate clothing can make field sobriety tests more challenging. 

Contact a Towson, MD DUI Lawyer 

Seger Law, LLC is committed to providing the best DUI defense possible. If you were asked to take field sobriety tests outside in severe weather, experienced Baltimore County, MD DUI attorney Chelsey Seger may be able to have the results excluded. Contact us at 443-208-4692 for a free consultation.

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