Field Sobriety Tests and OUI

Worcester DUI/OUI Lawyers

A field sobriety test is a particular exercise that an arresting officer may ask a driver to perform upon pulling the driver over for suspected OUI/DUI in Massachusetts. These tests primarily gauge a driver's mental and physical abilities, such as balance, coordination and the ability to follow instructions. There are three tests that have been considered standardized by the National Highway Traffic Safety Administration:

• Walk and Turn - walk 9 paces in one direction, heel to toe, and 9 steps in the other direction - along a straight line.
• One Leg Stand - stand with one leg approximately 6 inches off the ground, counting aloud, until the officer instructs the driver to stop.
• Horizontal Gaze Nystagmus - following an object or light with the eyes.

The officer will look for particular behavior which may be considered to indicate intoxication, such as an inability to balance, difficulty counting, an involuntary jerking movement of the eyes while following an object, inability to walk in a straight line, etc.

Challenging Field Sobriety Tests and DUI Charges

Just because you took one or more field sobriety tests and "failed" does not necessarily mean that you should be convicted of Operating Under the Influence. An experienced Worcester DUI Attorney can work to build a strong defense strategy on your behalf that challenges your test results. There are numerous issues that your lawyer can bring to the Judge or jury's attention:

• Were you wearing high-heeled shoes that would have affected your balance?
• Do you have a physical injury?
• Were you ill or did you have allergies at the time you were being tested?
• Was the ground wet or uneven?

There are numerous factors completely unrelated to intoxication which may lead to a failed field sobriety test, and your attorney may be able to use these in your favor.