Being pulled over and asked to submit to a field sobriety test can make your heart race. Even if you haven’t been drinking, the mere suspicion of drinking may be enough to make you feel extremely nervous and anxious. What’s more, you may be unsure if the tests you’re being asked to perform are being administered correctly, as well as what happens if you fail them.
At the Law Office of Paul R. Moraski, our experienced criminal defense attorney is your biggest advocate. We’ll help you to understand your rights and what to do if you fail a field sobriety test in Massachusetts — whether you were or were not intoxicated at the time. Call us today to get started.
What Are the Elements of a Field Sobriety Test?
There are three field sobriety tests that a police officer in Massachusetts can legally administer. These include:
- Horizontal gaze nystagmus. During this test, the officer is looking for any involuntary jerking of the eyes, which can be caused by alcohol consumption. As the eyes move side to side, there may be involuntary jerking (nystagmus).
- Walk-and-turn test. During this test, the subject is instructed to take nine heel-to-toe steps along a straight line, and then to turn and repeat the nine heel-to-toe steps in the other direction.
- One-leg stand. An officer will instruct the subject to stand straight, place arms at sides, and place feet together. Then, the subject is instructed to raise one leg approximately 6” at a time.
Do I Have to Consent to a Request to Perform a Field Sobriety Test?
Something important to know is that you have the right to refuse a field sobriety test. While Massachusetts maintains implied consent laws that apply to chemical testing for alcohol—which means that you are required to consent to these tests or else will face penalties—such laws do not apply to field sobriety tests.
Are Field Sobriety Tests Accurate?
Field sobriety tests do not definitively confirm that someone is intoxicated, nor do they provide any indication of the level of intoxication/the percentage of alcohol in the blood. While they can be used to detect impairment, they can also give false positives. Other things that could impact a person’s performance on the three field sobriety tests and could lead officers to believe that the person is intoxicated include:
- The use of certain medications
- Weather and environmental conditions (e.g., poor lighting)
- Anxiety or nerves
- Other medical conditions
- Lack of sleep/fatigue
- How the test is administered — an error in administration can also result in a false positive
Because of the high potential for error in administering or interpreting results, field sobriety tests can be challenged in court and often do not hold up well without other proof of intoxication, such as a blood or breath alcohol test.
Get an Experienced Attorney on Your Side
To learn more about your rights and how an attorney can help when you have failed a field sobriety test in Massachusetts and are facing charges for driving under the influence, call the Law Office of Paul R. Moraski today. You can reach us at (978) 397-0011 or online to get started.