Baltimore, MD asked in DUI / DWI for Maryland

Q: If a policeman asks me to take a field sobriety test, am I required to comply? What if I resist?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • DUI & DWI Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: You are not required to perform any field sobriety tests. You do not “resist”—you politely decline to do any of their tests. If they transport you to the station under arrest, and offer you a breath test at the station (not the one on the side of the road) and it’s your first offense, then generally you are better off taking it rather than refusing as the license consequences for a breath test refusal are much more severe than if you take the test and blow above the legal limit.

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