Field Sobriety Tests

Understanding Field Sobriety Tests in Massachusetts

If you’ve ever watched a scene where police officers pull over a driver they suspect to be under the influence, you might have seen police officers ask the driver to perform certain tests. Massachusetts courts and law enforcement refer to these as field sobriety tests, which play a significant role for them in DUI cases. Law enforcement officers use these tests to help them decide if a driver might be impaired by alcohol or drugs. However, understanding how to administer and interpret these tests correctly can make a big difference if you’re ever in this situation.

What Are Field Sobriety Tests?

Field sobriety tests are designed to be simple, physical tasks or observations that an officer asks a driver to perform. In Massachusetts, police typically use five main tests to evaluate if a driver is under the influence:

1. The Alphabet Test – This involves saying parts of the alphabet or saying it backward.
2. The Walk-and-Turn Test – The driver is asked to walk in a straight line, turn, and return, counting each step.
3. The One-Legged Stand Test – The driver must stand on one leg for a period without losing balance.
4. The Gaze Nystagmus Test – The officer looks for certain eye movements as the driver follows an object (often a pen) with their eyes.
5. The Finger-to-Nose Test – The driver touches their nose with their finger, sometimes with their eyes closed.

These tests have been chosen because they’re considered reasonably straightforward for a sober person to complete. They’re not meant to confuse or trick a person; they’re designed to detect physical or mental signs of impairment.

Which Field Sobriety Tests Are Officially Approved?

The National Highway Traffic Safety Administration (NHTSA) in fact, has specific standards for certain field sobriety tests. Notably, it’s worth noting that not all five tests are officially validated by the NHTSA. In fact, only three of them have received NHTSA approval:

1. Walk-and-Turn Test
2. One-Legged Stand Test
3. Horizontal Gaze Nystagmus Test (gaze test)

Specifically, these three tests were developed and studied by the NHTSA to ensure they reliably indicate impairment when correctly administered. On the other hand, the alphabet test and finger-to-nose test do not meet NHTSA standards, and a skilled lawyer might use this fact to question their validity in court.

Consequently, in cases where police use unapproved tests, a DUI lawyer may challenge their reliability. For example, if someone fails an unapproved test, an experienced lawyer could argue that the test does not hold any real weight as evidence, as it hasn’t been proven to show impairment accurately. Moreover, for a test to be useful in court, it has to be simple enough for an average, sober person to perform, meaning if it’s so tricky that many sober people fail, it might not be fair to use it as evidence of impairment.

Important Case Law Regarding Field Sobriety Tests in Massachusetts

Massachusetts has unique case laws that significantly impact how field sobriety tests can be utilized in court, particularly when it comes to their admissibility as evidence. In this context, two landmark cases have substantially shaped the use of these tests:

Commonwealth v. Sands (1997) – A pivotal ruling by the Massachusetts Supreme Judicial Court established that the Horizontal Gaze Nystagmus test (or gaze test) cannot be admitted as evidence unless its reliability is thoroughly established and it’s administered by someone duly qualified. As a direct result, this ruling creates a high bar for the admissibility of this test in Massachusetts, necessitating strict standards for proving its proper administration.

Similarly influential, Commonwealth v. McGrail (1995) – In this case, the court decisively ruled that if an individual refuses to perform field sobriety tests, this refusal cannot be used against them as evidence. Consequently, opting not to take these tests does not adversely affect someone’s case in court.

Collectively, these cases underscore Massachusetts’ rigorous approach to field sobriety testing. Notably, police officers must meticulously follow certain guidelines for the tests to qualify as reliable evidence in court, and conversely, a person’s refusal to take them cannot be held against them. Ultimately, this dual safeguard provides some crucial protection for individuals from being judged on potentially unreliable testing methods.

Why Experience Matters When Hiring a DUI Lawyer

Facing a DUI charge can be intimidating, undoubtedly, and having an experienced lawyer on your side can make all the difference. Crucially, the lawyer you choose should be familiar with both the NHTSA standards and the relevant Massachusetts case law. Notably, experienced DUI lawyers know which tests are approved and which are not, and they understand the standards that police officers are supposed to meet.

For example, if an officer testifies about a test that’s not approved, a knowledgeable DUI lawyer can subsequently object and try to get that test thrown out as evidence. In similar circumstances, where the officer didn’t follow NHTSA standards, the lawyer can furthermore argue that the test results are invalid. Moreover, if the lawyer knows Massachusetts case law, they can ensure that a client’s refusal to take the tests isn’t unfairly mentioned in court.

Ultimately, hiring a lawyer who is well-versed in Massachusetts DUI laws and field sobriety tests can be essential for a strong defense. Given the complexity of DUI law, an experienced attorney will know how to navigate these cases and spot weaknesses in the prosecution’s arguments. Meanwhile, for young people and anyone curious about DUI laws, understanding these details could be equally crucial if ever in such a situation.

Conclusion

Field sobriety tests are a standard tool that Massachusetts police use to check for impairment in drivers. However, these tests must be done correctly, and only certain ones are fully approved by the NHTSA. If you or someone you know faces a DUI charge, knowing about field sobriety tests and Massachusetts laws can be helpful. A good lawyer will understand which tests are admissible and have the knowledge needed to challenge any unreliable or incorrectly performed tests.

If you’ve been charged with an OUI in Massachusetts, seek our expert help immediately. We’ll connect you with Attorney Adela Aprodu, who directly tackles the complexities of OUI cases with her extensive experience. With her deep knowledge of Massachusetts DUI laws, Attorney Aprodu personally commits to defending your rights. She will aggressively advocate for you, using her mastery of legal strategy to secure the best possible outcome for your case. At our firm, we take ownership of protecting your freedom and future. Don’t go it alone – contact us now to put Attorney Aprodu on your side.