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.

BAC Levels: What Do They Mean and How Are They Measured? Hire an Attorney who knows – and WINS.

Today, on Thursday, 17 October 2024, NOT GUILTY: In Commonwealth of Massachusetts v. Defendant, Docket No. 2367 CR 1399, 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 .16*.

BAC Levels: What Do They Mean and How Are They Measured?
Understanding Blood Alcohol Content (BAC)

Blood Alcohol Content (BAC) is a measure of the concentration of alcohol in your bloodstream. It’s expressed as a percentage, indicating the volume of alcohol per 100 milliliters of blood. For instance, a BAC of 0.08% means there are 80 milligrams of alcohol in 100 milliliters of blood.

Factors Affecting BAC

Several factors influence your BAC, including:

Body weight: Smaller individuals tend to reach higher BACs with the same amount of alcohol due to their lower body mass.
Gender: Women generally absorb alcohol faster than men due to differences in metabolism and body composition.
Food consumption: Eating food before or during drinking can slow down alcohol absorption.
Drinking rate: Consuming alcohol quickly can lead to a more rapid increase in BAC.
Alcohol tolerance: Repeated alcohol use can sometimes lead to increased tolerance, but this doesn’t mean you can drink more safely.
BAC Levels and Their Effects

BAC levels can have significant effects on your behavior and physical abilities. Here’s a general breakdown:

0.00-0.04%: Most people show minimal impairment, but judgment and coordination may be slightly affected.
0.05-0.07%: Reaction time, balance, and coordination are significantly impaired.
0.08-0.15%: Significant impairment of judgment, reaction time, and motor skills. Driving while at this BAC level is illegal in most jurisdictions.
0.16-0.30%: Severe impairment, including slurred speech, difficulty walking, and blackouts.
0.30% and above: Alcohol poisoning can occur, leading to coma or even death.
Measuring BAC

BAC can be measured using various methods, including:

Breathalyzer: This device measures the amount of alcohol in your breath, which is a good indicator of your blood alcohol level.
Blood test: A blood sample can be taken and analyzed in a laboratory to determine your BAC.
Urine test: While not as accurate as breathalyzers or blood tests, urine tests can provide a general estimate of your BAC over a longer period.
Staying Safe

If you plan to drink alcohol, it’s important to:

Know your limits: Be aware of how much alcohol you can consume before your BAC reaches unsafe levels.
Eat before drinking: Food can help slow down alcohol absorption.
Drink plenty of water: Stay hydrated to avoid dehydration.
Avoid mixing alcohol with other substances: This can increase the risk of adverse effects.
Never drive while under the influence: Designate a sober driver or use public transportation.
By understanding BAC levels and their effects, you can make informed decisions about your alcohol consumption and stay safe.

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 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.*

Today, Tuesday, 8 October 2014, DISMISSED:  In Commonwealth of Massachusetts v. Defendant, Docket No. 2462 CR 1259, Charges of Assault & Battery against my client were DISMISSED on the day of trial.*

I have been defending those accused of Assault and Battery in Massachusetts for over Thirty (30) years. I have been named 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, I have been named a “Top Tier Lawyer” by the American Trial Academy 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 Assault and Battery or Domestic Assault and Battery (A&B, Domestic A&B, Domestic Violence) or any other crime in Massachusetts you should call an experienced and successful Defense lawyer immediately. Call Mike Now at: (508) 393-4162.

Facing false allegations of assault and battery can be a distressing and damaging experience, potentially leading to severe legal, professional, and personal consequences. It’s essential to understand the steps to take and the strategies to employ when defending against such allegations.

Understanding Assault and Battery

Before diving into defense strategies, it’s crucial to understand what constitutes assault and battery. Assault is typically defined as the threat of harm or unwanted contact, while battery involves physical contact without consent. Laws vary by jurisdiction, but both are considered serious offenses.

Initial Steps

If you’re facing false allegations:

Remain calm: Panic can lead to rash decisions.
Seek legal counsel: Consult an experienced attorney specializing in criminal defense.
Gather evidence: Collect any relevant documents, witness statements, or surveillance footage.
Avoid contact: Refrain from contacting the accuser or discussing the case publicly.

Defense Strategies

Prove lack of evidence: Demonstrate insufficient evidence to support the allegations.
Establish an alibi: Provide witnesses or records placing you elsewhere at the time of the alleged incident.
Show inconsistencies: Highlight contradictions in the accuser’s story or testimony.
Present alternative explanations: Offer plausible alternative accounts of the events.
Challenge witness credibility: Identify potential biases or motivations of the accuser or witnesses.

Protecting Your Rights

Preserve your reputation: Avoid discussing the case publicly to prevent harm to your professional and personal reputation.
Seek support: Reach out to trusted friends, family, or a therapist for emotional support.
Cooperate with investigations: Work with authorities while maintaining your right to remain silent.

Conclusion

False allegations of assault and battery can have devastating consequences. By understanding the legal landscape, gathering evidence, and employing effective defense strategies, you can protect your rights and reputation. Remember to stay calm, seek experienced legal counsel, and prioritize your well-being throughout the process.
If you or someone you know is facing false allegations, consult with a qualified attorney to discuss your options and build a robust defense. Call Mike Now at: (508) 393-4162.

The Science Behind Breathalyzers: How Reliable Are They? – Ask a DUI lawyer who gets results like this.

Today, on Monday, 7 October 2024, NOT GUILTY: In Commonwealth of Massachusetts v. Defendant, Docket No. 2349 CR 2060, after trial, my client was found NOT GUILTY of Operating a Motor Vehicle While Under the Influence of Alcohol (OUI), despite having recorded a breath test of .19*. In this matter it took the Jury approximately 35 minutes to return with a unanimous verdict of NOT GUILTY. (They were at lunch)

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 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.*

What to Expect During a DUI Stop – You might want to ask a lawyer who wins.

Yesterday, on Wednesday, 3 October 2024, NOT GUILTY: In Commonwealth of Massachusetts v. Defendant, Docket No. 2467 CR 0007, 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 .10*. 

What to Expect During a DUI Stop
When you’re pulled over for a DUI (Driving Under the Influence), it’s crucial to know your rights and responsibilities to ensure the process goes as smoothly as possible. Here’s a breakdown of what typically happens and how you should navigate the situation.

Initial Stop
When the officer signals you to pull over, do so safely and promptly. Turn off your engine, roll down your window, and keep your hands visible on the steering wheel. The officer will usually ask for your driver’s license, registration, and proof of insurance.

Interaction with the Officer
Stay polite and respectful. Anything you say or do can be used in court, so avoid making unnecessary comments. The officer will observe your behavior and may ask questions to determine if you have been drinking.

Field Sobriety Tests
If the officer suspects you are under the influence, they may ask you to perform field sobriety tests. These tests are designed to assess your balance, coordination, and ability to follow instructions. Common tests include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test.

Breathalyzer Test
The officer may ask you to take a breathalyzer test to measure your blood alcohol concentration (BAC). In many places, refusing to take this test can lead to immediate penalties, such as license suspension.

Arrest and Chemical Tests
If your BAC is above the legal limit or you fail the sobriety tests, you may be arrested. After the arrest, you’ll likely be taken to a police station for a chemical test (breath, blood, or urine) to confirm your BAC.

Your Rights
You have the right to remain silent and the right to an attorney. Use these rights wisely. You can refuse to answer questions without a lawyer present and can request to contact your attorney as soon as possible.

Possible Consequences
DUI penalties can vary but often include fines, license suspension, mandatory DUI education programs, community service, and possibly jail time. Repeat offenses can lead to more severe penalties.

Final Thoughts
The best way to avoid a DUI is not to drive after drinking. If you find yourself in a DUI stop, stay calm, know your rights, and cooperate respectfully with the officers. Understanding the process can help you handle the situation better and minimize any potential impact.

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 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.*

Stay safe and make responsible choices! 🚗

What to Expect During a DUI Stop – Ask a DUI Lawyer who gets Results

Today, on Wednesday, 25 September 2024, NOT GUILTY: In Commonwealth of Massachusetts v. Defendant, Docket No. 2465 CR 0100, after trial, my client was found NOT GUILTY of Operating a Motor Vehicle While Under the Influence of Alcohol (OUI), despite having recorded a breath test of .19*.

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.*

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.

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What should I look for in an OUI Attorney – Results

Today, on Tuesday, 24 September 2024, NOT GUILTY: In Commonwealth of Massachusetts v. Defendant, Docket No. 2367 CR 0474, after trial, my client was found NOT GUILTY of Operating a Motor Vehicle While Under the Influence of Alcohol (OUI), second offense, having recorded a breath test of .13*.   In this matter it took the Jury approximately 20 minutes to return with a unanimous verdict of NOT GUILTY.

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 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.*

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The Consequences of Drunk Driving in Massachusetts

Overview

In Massachusetts, operating under the influence (OUI) laws strictly prohibit driving while intoxicated. Consequences for drunk driving convictions are severe and potentially life-altering.

Penalties

First Offense:
License suspension (45-90 days)
Fines ($500-$5,000)
Jail time (up to 2.5 years)
Ignition interlock device installation
Substance abuse treatment program

Second Offense:
License suspension (2 years)
Fines ($1,000-$10,000)
Jail time (60 days-2.5 years)
Ignition interlock device installation
Substance abuse treatment program

Third Offense:
License suspension (8 years)
Fines ($1,000-$15,000)
Jail time (180 days-2.5 years)
Ignition interlock device installation
Substance abuse treatment program

Fourth Offense:
License suspension (10 years)
Fines ($1,000-$25,000)
Jail time (1-2.5 years)
Ignition interlock device installation
Substance abuse treatment program
Additional Consequences
Increased insurance rates
Community service
Probation
Loss of commercial driver’s license (CDL)
Potential felony charges

Massachusetts OUI Laws
Blood Alcohol Concentration (BAC) limit: 0.08%
Under 21: Zero Tolerance Policy (BAC limit: 0.02%)
Refusal to take BAC test: Automatic license suspension

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.*

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 Thirty (30) years.

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Resources

Massachusetts Department of Transportation (MassDOT)
Massachusetts Registry of Motor Vehicles (RMV)
National Highway Traffic Safety Administration (NHTSA)
Mothers Against Drunk Driving (MADD)
Note: Laws and penalties are subject to change. Consult the Massachusetts RMV or law enforcement agency for the most current information.

Understanding Domestic Assault and Battery Laws in Massachusetts
Domestic assault and battery is a serious crime that affects many individuals and families in Massachusetts. The state has laws in place to protect victims and hold perpetrators accountable. In this blog, we will provide an overview of domestic assault and battery laws in Massachusetts, including definitions, penalties, and resources for victims.

Definition of Domestic Assault and Battery
In Massachusetts, domestic assault and battery is defined as physical harm or threat of harm against a family or household member, including:
Spouses or former spouses
Parents or children
Roommates or former roommates
Individuals in a dating relationship
Individuals with a child together
Domestic assault and battery can include physical violence, emotional abuse, or threats of harm.
Massachusetts General Laws Chapter 265, Section 13A
Massachusetts General Laws Chapter 265, Section 13A, outlines the penalties for domestic assault and battery. A person convicted of domestic assault and battery can face:
Up to 2.5 years in jail
A fine of up to $5,000
Probation
Mandatory counseling or batterer’s intervention program

Aggravated Domestic Assault and Battery
Aggravated domestic assault and battery, outlined in Massachusetts General Laws Chapter 265, Section 13A1/2, carries more severe penalties. This includes:
Assault and battery resulting in serious bodily harm
Assault and battery with a dangerous weapon
Assault and battery on a pregnant victim
Penalties for aggravated domestic assault and battery can include:
Up to 5 years in state prison
A fine of up to $10,000
Probation
Mandatory counseling or batterer’s intervention program
Protective Orders
Victims of domestic assault and battery can seek protective orders, also known as restraining orders, to prohibit the perpetrator from contacting or approaching them.

Conclusion
Domestic assault and battery is a serious crime with severe consequences. Understanding Massachusetts laws and resources can provide support and protection for victims. If you are experiencing domestic violence, seek help immediately.
Additional Resources:
Massachusetts Commission Against Domestic Violence
Massachusetts Office for Victim Assistance
Local domestic violence organizations and shelters
Note: This blog provides general information and is not intended to provide legal advice. Consult with a qualified attorney for specific guidance on domestic assault and battery laws in Massachusetts.

I have been defending those accused of Assault and Battery in Massachusetts for over Thirty (30) years. I have been named 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, I have been named a “Top Tier Lawyer” by the American Trial Academy and I have won over Ninety Percent (90%) of my trials.*

If you have been charged with Assault and Battery or Domestic Assault and Battery (A&B, Domestic A&B, Domestic Violence) or any other crime in Massachusetts you should call an experienced and successful Defense lawyer immediately. Call Mike Now at: (508) 393-4162.

Resources for Victims
If you or someone you know is experiencing domestic violence, there are resources available:
National Domestic Violence Hotline (1-800-799-7233)
Massachusetts Domestic Violence Hotline (1-877-785-2020)
Local law enforcement agencies
District Attorney’s offices

Understanding the Differences Between OUI, DUI, and DWI

Operating a vehicle under the influence of alcohol or drugs is a serious offense in the United States, posing significant risks to public safety. While laws vary from state to state, the terms OUI, DUI, and DWI are often used interchangeably to describe this offense. However, there are subtle differences between them.
What do OUI, DUI, and DWI stand for?

OUI: Operating Under the Influence (Massachusetts, Maine, and Rhode Island)
DUI: Driving Under the Influence (most states)
DWI: Driving While Intoxicated (New York, New Jersey, and Texas)

Key similarities

Regardless of the acronym, the core offense remains the same: operating a vehicle while impaired by alcohol, drugs, or a combination of both. All three terms refer to the illegal act of driving with a blood alcohol concentration (BAC) above the legal limit (typically 0.08%) or under the influence of impairing substances.

Differences in terminology and application

While the differences are largely semantic, some states make distinctions between the terms:
DUI typically focuses on the act of driving, while DWI emphasizes the state of intoxication.
OUI encompasses not only driving but also operating other vehicles, such as boats or snowmobiles.
Some states have separate laws for different substances (e.g., DUI for alcohol, DWI for drugs).

Consequences and penalties

Regardless of the term used, convictions for OUI, DUI, or DWI can result in:
License suspension or revocation
Fines and fees
Jail time or community service
Mandatory substance abuse programs
Increased insurance rates

Conclusion

While OUI, DUI, and DWI have distinct meanings, they all describe the serious offense of operating a vehicle while impaired. Understanding these differences is crucial for recognizing the severity of this crime and promoting responsible driving practices.

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.*

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.

If you or someone you know is struggling with substance abuse or addiction, resources are available to help:
National Substance Abuse and Mental Health Services Administration (SAMHSA) Hotline: 1-800-662-HELP (4357)

Local law enforcement and support groups

Please drive safely and responsibly.