Drunk Driving Field Sobriety Tests: What You Need to Know from an Expert DUI Attorney
Today, on Thursday, 24 October 2024, NOT GUILTY: In Commonwealth of Massachusetts v. Defendant, Docket No. 2464 CR 0345, after trial, my client was found NOT GUILTY of Operating a Motor Vehicle While Under the Influence of Alcohol (OUI), Second Offense, despite having recorded a breath test of .20*.
Drunk Driving Field Sobriety Tests: What You Need to Know from an Expert DUI Attorney
As an expert DUI attorney, I’ve seen countless cases involving drunk driving charges, and one crucial aspect that often comes into play is Field Sobriety Tests (FSTs). These tests are used by law enforcement to determine whether a driver is impaired, but they can be flawed and misleading. In this blog, we’ll delve into the ins and outs of FSTs, what you need to know, and how they can impact your case.
What are Field Sobriety Tests?
Field Sobriety Tests are a series of physical and cognitive assessments administered by police officers to evaluate a driver’s impairment. The National Highway Traffic Safety Administration (NHTSA) has standardized three tests:
Horizontal Gaze Nystagmus (HGN): Measures eye movement and reaction to stimulus. This test though always used is inadmissible against you at trial. This is an ophthalmological test and the police officer is not an expert in ophthalmology or optometry and is therefor NOT QUALIFIED to either administer or interpret the results of this test.
Walk-and-Turn (WAT): Assesses balance, coordination, and ability to follow instructions.
One-Leg Stand (OLS): Evaluates balance and stability.
What You Need to Know
Voluntary Participation: You have the right to refuse FSTs. While refusal may lead to suspension of your license, it can also prevent potentially incriminating evidence.
Subjective Evaluation: Officers’ interpretations of test results can be biased or inaccurate.
Environmental Factors: Weather, road conditions, and other external factors can affect test performance.
Medical Conditions: Certain medical conditions, such as inner ear problems or neurologic disorders, can impact test results.
Challenging FST Results
As an expert DUI attorney, I know that FST results can be challenged in court. Some strategies include:
Questioning Officer Expertise: Challenging the officer’s training and experience in administering FSTs.
Video Evidence: Reviewing dashcam or body cam footage to dispute officer testimony.
Medical Defense: Presenting medical evidence to explain test results.
Conclusion
Field Sobriety Tests are just one aspect of a DUI case. Understanding your rights and the limitations of FSTs is crucial. If you’re facing DUI charges, consult with an experienced attorney to navigate the complexities and ensure the best possible outcome.
Additional Resources
National Highway Traffic Safety Administration (NHTSA). (n.d.). Standardized Field Sobriety Testing.
I have been providing Operating Under the Influence (OUI and OUI Drugs) defense services in Massachusetts for over Thirty (30) 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 Platinum Award by Martindale-Hubbell and I have won over Ninety Percent (90%) of my trials.*
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.