Posted on June 12, 2020 in DUI & DWI

It has happened to a lot of motorists in Maryland. They look in their rearview mirror only to see flashing blue and red lights. Their heart skips a beat, they stop, and they’re approached by an officer who subsequently accuses them of drunk driving. The ramification can be significant, too. A drunk driving conviction can lead to serious penalties, which may include jail time, fines, license suspension or revocation, and damage to your reputation.

If you find yourself facing DUI or DWI charges, then you’re probably wondering how best to approach your case. Some people are eager to accept a plea deal that imposes lesser penalties, but that might not be right for you. This is especially true if you didn’t provide a breath test at any point during your arrest. In these circumstances, the prosecution doesn’t have a blood alcohol content analysis on which to rely, so they must turn to observations of a motorist’s driving and behavior during field sobriety tests.

There are multiple field sobriety tests that are regularly used in Maryland, with the horizontal gaze nystagmus being one of them. This test requires you to follow an object, usually a pen or a finger, with your eyes and without turning your head as it is moved from side-to-side. The officer conducting the test will then look for certain indicators of intoxication, which may include a failure to follow instructions, jerking eye movements at certain points, and a lack of smooth pursuit as the object moves.

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