Massachusetts Field Sobriety Tests
Have you ever tried walking heel to toe in a straight line? It probably isn’t as easy as it sounds. Have you ever tried walking heel to toe after being pulled over by a law enforcement agent? If it is hard enough to do while under normal conditions; imagine how hard it would be in the dark, with cars whizzing by and with the bright lights of the police cruiser flashing.
If you were pulled over in Massachusetts because a police officer suspected you were driving while under the influence of drugs or alcohol, he or she probably asked you to perform a series of field sobriety tests.
These tests are meant to measure the driver’s sobriety. However, these tests really just measure the driver’s physical dexterity. It may be extremely difficult for an individual who is overweight or who has leg or foot problems to pass these tests. It is hard for even “normal” drivers to pass these physical tests.
If you refuse to take a breath test to determine your BAC (blood alcohol content), these tests become very important in establishing your guilt in court. It is within your rights to refuse to take these tests. However, this refusal is not protected by your Fifth Amendment right to avoid self-incrimination, as these tests measure your physical condition.
Several field sobriety tests fall into the “divided attention” category. These tests require the driver to pay attention and follow directions as well as perform a physical activity. A few examples of these tests are walking in a straight line, standing on one foot while counting and the nine step heel to toe and turn. The officer watches for several signs of intoxication such as: not following the directions, failing to complete the test and trouble keeping balance.
Another test that is used by law enforcement agents is the Horizontal Gaze Nystagmus. This test measures an involuntary jerking of the eyes that occurs when you look to the side. The officer will ask the driver to follow an object, such as a pen, with his or her eyes. During the test, the officer is watching to see if the driver has problems following the motion of the pen and when the eye begins to jerk. Many people believe this test is unreliable.
To begin fighting OUI charges in Massachusetts, you need a defense attorney who can argue against these field sobriety tests in court. To find an attorney in your area, please fill out our form today.
