Examining All the Circumstances
When a law enforcement officer pulls over a vehicle and suspects that the driver may be driving under the influence of alcohol or illegal drugs, the officer may administer a field sobriety test. The results of these tests are based on the officer's subjective opinion concerning whether the driver passed or failed.
My name is Stephen E. Dawley, and as an experienced Framingham field sobriety test attorney I have helped many Massachusetts drivers overcome the results of these tests. For more than 30 years I have provided dedicated, passionate OUI/DWI defense to clients across the state. Over my long career, I have refined my skills and my ability to construct effective defenses for my clients.
If you have questions or concerns about field sobriety tests or any other aspect of a drunk driving offense, set up an appointment with me by calling 508-283-3095 or e-mail my law firm.
Field Sobriety Tests
When a person is pulled over on suspicion of drunk driving, there are a variety of field sobriety tests that may be administered. Some of the common tests are:
- One leg stand test: For this test, the police officer asks the driver to standing on one foot and count out loud for a specified time.
- Walk and turn test: For this test, the driver must walk heel-to-toe for nine steps in a straight line, then turn around and repeat.
- Horizontal gaze nystagmus (HGN) test: For this test, the officer has the driver attempt to follow a light, a pen or another object with his or her eyes.
There are other tests that may be administered, including touching a finger to the nose or reciting the alphabet. Even without a field sobriety test, police can charge you with OUI if they have probable cause to believe that you were operating under the influence.
Examining the Results
Even people who are not intoxicated may fail some of these tests. As an experienced DUI lawyer, I will examine how the tests were conducted, uncover any errors and determine if the results can be challenged. Considerations include:
- Whether the surface was flat or sloped
- Weather conditions
- Physical disabilities and visual impairments
- Unclear instructions from the officer
Like a breath test refusal, a field sobriety test refusal cannot be used against you in court. And, unlike a breath test refusal, your driver's license will not be suspended.
Contact an Experienced Natick OUI Defense Attorney
If you have questions or concerns about a field sobriety test, I am available to answer them. To schedule a consultation, please call 508-283-3095 or send me an e-mail today.
