If you’ve been stopped for suspected drunk driving in Maryland, you may be asked to take one or more DUI tests. These tests are used by law enforcement to determine
whether you’re impaired by alcohol or drugs—and whether they have enough evidence to arrest or charge you.
At Psoras and Psoras Law, we believe knowledge is power. Understanding what kinds of DUI tests exist, your rights, and the potential consequences of taking or refusing
these tests can make a big difference in your case.
Types of DUI Tests in Maryland
Maryland law enforcement officers typically use a combination of field sobriety tests, preliminary breath tests (PBTs), and evidentiary chemical tests (like breath, blood,
or urine) to investigate DUI and DWI cases.
1. Field Sobriety Tests (FSTs)
These are voluntary, roadside physical and cognitive tests used to assess coordination, balance, and focus. Common tests include:
- Horizontal Gaze Nystagmus (HGN) – Following a moving object with your eyes
- Walk and Turn – Walking heel-to-toe in a straight line
- One-Leg Stand – Standing on one leg while counting aloud
*Important: You are not legally required to perform field sobriety tests in Maryland. These tests are highly subjective, and poor performance can be due to fatigue, nervousness, medical conditions, or uneven road surfaces—not just intoxication.
2. Preliminary Breath Test (PBT)
A handheld breathalyzer may be offered at the scene to get an estimate of your blood alcohol content (BAC).
- This test is also voluntary.
- Results are not admissible in court, but they can be used to justify a DUI arrest.
Refusing the roadside breath test does not carry penalties, unlike refusal of the station-based test described below.
3. Evidentiary Chemical Tests (Breath, Blood, or Urine)
After arrest, you’ll likely be asked to take a chemical test to officially measure BAC or detect drugs.
Breathalyzer Test:
- Conducted at the police station
- Legally significant under Maryland’s implied consent law
- Refusing this test results in automatic license suspension
Blood Test:
- Typically used when drug impairment is suspected
- Must be administered by a qualified medical professional
Urine Test:
- Less common but sometimes used for drug testing
Maryland’s Implied Consent Law
By driving in Maryland, you’ve automatically agreed to take a chemical test (breath, blood, or urine) if you are lawfully arrested for DUI.
Refusing to take a chemical test leads to:
- 270-day license suspension (first offense)
- Ignition Interlock Device (IID) requirement for restricted driving
- Loss of eligibility for certain plea deals like Probation Before Judgment (PBJ)
Legal BAC Limits in Maryland
- 0.08% or higher: Presumed intoxicated → DUI
- 0.04%–0.07%: Potential DWI
- 0.02%: Zero-tolerance for drivers under 21
Can You Be Arrested Without a BAC Test?
Yes. Maryland allows DUI or DWI arrests based solely on:
- Officer observations (slurred speech, odor of alcohol, or poor coordination)
- Driving behavior (weaving, swerving)
- Performance on field sobriety tests
How We Defend DUI Test Cases
At Psoras and Psoras Law Firm, we know that DUI tests are not always reliable or properly administered. Our legal team will:
- Examine whether the traffic stop was lawful
- Analyze whether officers followed correct test protocols
- Challenge the accuracy of breath or blood test results
- Advocate for reduced charges or case dismissal when possible
Accused of DUI? Let Us Protect Your Rights.
If you’ve been arrested for DUI in Maryland, the sooner you speak to an experienced attorney, the better. At Psoras and Psoras Law firm we provide decades of experience in strategic defense for drivers facing DUI and DWI charges throughout the state.