FIELD SOBRIETY TESTS

Field Sobriety Tests are a set of exercises given to people in Boston, Worcester, Springfield, and on the North Shore or South Shore/South Coast of Massachusetts who are suspected of Operating Under the Influence of Alcohol or Drugs (OUI).  Originally developed by the National Highway Traffic Safety Administration (NHTSA), the different tests were designed in order to assist law enforcement in determining whether an individual may be driving under the influence of either alcohol or drugs. 

Don't assume that you are automatically guilty if you "failed" on these tests (according to the officer's own subjective opinion).  Ask anybody who's been arrested before and you'll hear how they're set-up for drivers to fail.  The process works like this:

1. A police officer must have "reasonable suspicion" to believe you have violated some law in order to make a valid traffic stop. This can be something as simple as an expired license plate or a broken tail light.
   
   
2. From the moment that you've pulled over, the officer's first priority is to gather as much evidence as possible.  If he or she suspects you may be under the influence of alcohol or drugs, the officer will watch for watery or bloodshot eyes, listen for slurred words, and even smell for alcohol or drugs.
   
   
3. If the officer suspects that you're impaired, he or she will ask you to get out of the car in order to perform a series of tests.  While doing so, the officer will pay close attention (and take copious notes) as to whether you could follow directions (they'll even attempt to ask you confusing questions or address two points at once in order to see how well you can "divide your attention" amongst multiple points).
   
   
4. After you have exited your car, the officer will instruct you to perform a series of field sobriety tests.  In Massachusetts, the most commonly-used tests are the alphabet test, horizontal gaze nystagmus, nine-step heel-to-toe and turn, standing on one foot and counting, or touching a finger to the nose.

Unlike the Breath Test,
There is No Requirement That You
Submit to Field Sobriety Tests

The police officer will never tell you this, but when you've been stopped for suspicion of drunken driving in Massachusetts, you are not required to submit to any of the field sobriety tests.  You have the right to refuse, and cannot be penalized for refusing to take the tests. Moreover, the District Attorney cannot even mention the fact that you refused the test in court! 

Think about it:  these "tests" are most often used as a tool by law enforcement; it provides them with an opportunity to mount a probable cause case against you and thus justifies bringing you to the police station and asking you to submit to a breathalyzer test.

Our DUI Defense Attorneys Aggressively
Defend Field Sobriety Test Results

Believe it or not, law enforcement agencies and police officers almost always make the decision early-on to arrest a driver, but subsequently stretch the investigation out as long as possible in order to build an incriminating case and gather as must evidence as possible against the driver.

The tests they conduct assume that everybody should be able to pass it at all times - which isn't true.

• They don't take into account the fact that a woman wearing high heels may have trouble standing on one leg.
  
  
• They don't take into account the fact that an elderly person may have a condition that makes walking from heel to toe a challenge.
   
• They don't take into account that people who are overweight may have less balance than others.

In fact, there are many factors the tests don't take into account.   Moreover, if field sobriety tests are administered improperly, they can further distort the results.  Standing on one leg is one thing, but standing on one leg on a patch of broken blacktop is something completely different.

Were Your Tests Administered Properly?

NHTSA procedures require officers to follow strict guidelines, and this requirement provides our DUI Defense Attorneys aggressive defensive strategies:

• In cross-examination, we'll ask the police officer to repeat the instructions given prior to administering certain tests.  We may even ask the officer to physically demonstrate how the test was explained to the driver.
  
  
• By offering expert testimony, pre-existing medical conditions related to your brain, legs, neck, back and vision may eliminate the validity of field sobriety testing results.
   
  
• Because of the subjectivity involved in field sobriety test results, independent witnesses can be called to testify to your lack of intoxication.  It may be your passenger, the waiter or waitress at the restaurant you ate, or a friend who picked you up from jail or the police station.  Don't think that only the prosecution can call witnesses at trial!
  
  
• Field Sobriety Test Experts:  An expert who understands Field Sobriety Tests may be able to challenge the evidence presented in your case.  The tests are not scientific, but if you performed well on your test, an expert can use the evidence to argue that you were not under the influence of alcohol or drugs, even if your blood or breathalyzer test resulted in a higher-than allowed blood alcohol content (BAC).

Common questions regarding individualized field sobriety tests and the best defensive strategies to use when challenging the evidence are answered on our FAQ page.

Failed Field Sobriety Tests?
Call Our DUI Defense Attorneys

Just because a police officer concludes that you failed the nine-step walk and turn test, one leg stand balancing test, or horizontal gaze test does not preclude you from successfully defending your case. 

For a FREE Case Evaluation about your test results and the OUI charge against you, fill-out our online form or call (888) 693-8434 to make an appointment at one of our local offices.  We answer our phones and return calls 24/7 - we even meet clients on Sundays!

Find out more by contacting one of our Massachusetts DUI Defense Attorneys today.