Field Sobriety Tests Used By Law Enforcement
Massachusetts police officers use field sobriety tests to determine whether they should arrest someone on suspicion of drunk driving. They administer breath tests to determine the driver’s blood alcohol content. However, there is no serious consequence to refusing to take a field sobriety test. These are essentially screening tests for police officers; even if you “pass” a field sobriety test, they can arrest and charge you.
A Former State Trooper With Hands-On Knowledge Of OUI Testing
At the Worcester law office of Anthony M. Salerno, P.C., our attorney advises people about the various tests they may be asked to take if they are stopped on suspicion of drunk driving. As a former state trooper and defense attorney for 25 years, attorney Salerno knows the inherent problems of each test and is available live 24/7 to advise clients about their options when they have been asked to take a test to determine their level of sobriety.
Field Sobriety Tests
The most common field sobriety tests are the horizontal gaze nystagmus test, which determines whether or not the eyeballs jerk; the one leg stand, which is intended to measure balance; and the walk and turn test that requires the person to walk heel to toe and count aloud while doing so. There are many reasons a person could fail these tests without ever drinking alcohol.
If you have a Massachusetts driver’s license, you have already consented to take a breath or chemical test when requested by an officer. Therefore, refusing to do so if you are stopped on suspicion of OUI comes with some penalties, including automatic license suspension. However, there are a number of good reasons to refuse the test; if you do so, our lawyer can help you appeal and obtain a hardship license. He can also ensure that the machine was properly calibrated and that you have no physical or medical condition that might trigger a false result.
There are very few circumstances under which the police can request that you take a blood test. However, if you are asked to take one, it is important to consult with an attorney prior to any test.