Field Sobriety Tests are probably the most common and critical factor in defense of your Massachusetts Drunk Driving Charges. Most people stopped for suspicion of drunk driving do not know that it is within their legal rights to refuse to submit to any Field Sobriety Tests, and the law in Massachusetts does not allow the prosecution to use that refusal against you at trial.

In many OUI / DUI cases, the strength of the prosecution's case against you may come down to the officer's alleged observations of your ability to operate the vehicle properly and safely, and whether any Field Sobriety Tests were performed. 

Field Sobriety Tests and employed by police because they test a person's 'divided attention' by concentrating on two things at once.  The theory behind Field Sobriety Tests is that, in order to drive a car safely, the operator must be able to do many things simultaneously (e.g., steer, accelerate, break, react to changes in surroundings etc.).  Field Sobriety Tests, therefore, are designed to simulate the divided attention characteristics of driving by testing the person's:

• information processing;
• short-term memory;
• judgment and decision-making;
• balance;
• steady, sure reactions;
• clear vision;
• small muscle control; and
• coordination of limbs.

All Field Sobriety Tests that are employed by police in motor vehicle stops of suspected drunk drivers are designed to test at least two of the above 'capabilities'.

Even if you did submit to Field Sobriety Tests, this is not always fatal to your drunk driving defense. You will need a skilled and aggressive attorney to challenge this and other factors in your DUI / OUI case.

Massachusetts Criminal Defense Attorney Lefteris K. Travayiakis is available 24/7 for consultation to explain your legal rights and issues of defense.

To schedule a Free Consultation to discuss your Massachusetts OUI Charge, Click Here to Contact a Boston DUI Lawyer or call 617-325-9500.