How a Drunk Driving Lawyer Can Challenge Field Sobriety Tests in Worcester
Introduction
When it comes to drunk driving cases in Worcester, field sobriety tests (FSTs) are often crucial pieces of evidence used by law enforcement to determine impairment. However, these tests are not foolproof, and there are instances where they can be successfully challenged in court by a skilled drunk driving lawyer. In this blog, we will explore the different types of field sobriety tests used in Massachusetts, common challenges to their reliability, and how an experienced attorney can help build a strong defense for those facing DUI charges.
This blog is not intended to be legal advice, if you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Mike Now at: (508) 393-4162. I have been providing Operating Under the Influence (OUI and OUI Drugs) defense services in Massachusetts for over Twenty-Five (25) years. I have been named a “Superior DUI Attorney” by the National Advocacy for DUI Defense, one of the “Ten best attorneys for Massachusetts”, by the American institute of DUI/DWI attorneys, a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Gold Award by Martindale-Hubbell and I have won over Eighty Percent (80%) of my trials.*
Understanding Field Sobriety Tests in Massachusetts
In Massachusetts, like in many other states, law enforcement uses three standardized field sobriety tests, which are:
Horizontal Gaze Nystagmus (HGN): This test involves the officer observing the driver’s eyes as they follow a moving object, usually a pen or flashlight. The officer looks for involuntary jerking of the eyes, which can be an indication of intoxication.
Walk-and-Turn (WAT): The suspect is asked to take nine heel-to-toe steps along a straight line, turn on one foot, and return in the opposite direction. The officer assesses the driver’s ability to follow instructions and maintain balance.
One-Leg Stand (OLS): In this test, the driver is instructed to stand on one leg while counting aloud for a specified time. The officer observes the driver’s ability to balance and follow instructions.
Challenging the Reliability of Field Sobriety Tests
Field sobriety tests may seem objective, but various factors can affect their accuracy. A skilled DUI lawyer can challenge the reliability of FSTs in several ways:
Officer Inexperience: Administering field sobriety tests requires training and experience. If the arresting officer lacked proper training or did not adhere to the standardized procedures, the results may be questioned.
Environmental Factors: FSTs should be conducted on a flat, dry, and well-lit surface. Any uneven terrain, poor weather conditions, or inadequate lighting could compromise the accuracy of the tests.
Physical Conditions: Certain medical conditions, injuries, or disabilities can affect a person’s ability to perform FSTs, leading to false indications of intoxication.
Nervousness and Anxiety: Being pulled over and subjected to field sobriety tests can be nerve-wracking. Anxiety and nervousness can impact a person’s performance, even if they are sober.
Unreliable Horizontal Gaze Nystagmus (HGN) Test: The HGN test’s accuracy depends on the officer’s observation skills, and other factors like the suspect’s eye conditions or medication usage could lead to false results.
How a Drunk Driving Lawyer Can Help
Navigating a DUI case involving field sobriety tests can be complex, but a knowledgeable attorney can provide invaluable assistance:
Case Evaluation: A skilled DUI lawyer will thoroughly examine the circumstances of your arrest, focusing on the administration of FSTs and any potential errors or inconsistencies.
Expert Witnesses: Attorneys can call upon expert witnesses, such as field sobriety test specialists or medical professionals, to challenge the reliability of the tests and present alternative explanations for the suspect’s performance.
Negotiating with Prosecutors: Experienced lawyers can negotiate with prosecutors to have FST evidence suppressed or reduced, leading to more favorable outcomes for their clients.
Trial Defense: In the event of a trial, a competent DUI attorney will mount a strong defense, cross-examining arresting officers and challenging the validity of the field sobriety tests presented by the prosecution.
Conclusion
Being arrested for drunk driving in Worcester is a serious matter, but field sobriety tests are not infallible. If you or a loved one faces DUI charges based on FST results, consult an experienced drunk driving lawyer immediately. They possess the knowledge and expertise to challenge the accuracy of these tests and build a solid defense for your case. Remember, in the face of DUI charges, having a skilled attorney by your side can make all the difference in securing a positive outcome.
If you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Mike Now at: (508) 393-4162.