Boston OUI Attorney Challenging Field Sobriety Tests
Field sobriety tests are a series of physical and mental exercises that police officers administer roadside when they suspect a driver is operating under the influence of alcohol or drugs (OUI). It is often a critical factor in the defense of Massachusetts drunk driving charges. However, many people stopped on suspicion of drunk driving do not know their legal rights concerning these tests.
Attorney Lefteris K. Travayiakis has been defending clients in West Roxbury and surrounding areas against criminal charges since 2004. He has earned a reputation for his aggressive advocacy and meticulous preparation, which has led to a strong track record in securing acquittals and dismissals, even at the pre-trial stage. If you are facing OUI charges, he can help you understand what these tests entail, especially with regard to your specific situation.
What Are Field Sobriety Tests, And Can You Refuse To Take Them?
Yes, a driver in Massachusetts has the right to refuse these tests without repercussions. The main purpose of a field sobriety test is to assess a person’s “divided attention.” This is the ability to concentrate on multiple tasks simultaneously, which is crucial for safe driving. This includes checking:
- How well the driver processes information
- Their short-term memory
- Their ability to make sound judgments and decisions
- Their sense of balance
- The steadiness and sureness of their reactions
- The clarity of their vision
- Their control over small muscles
- How well their limbs coordinate
In these tests, police officers may ask you to follow a pen or finger with your eyes without moving your head, walk heel-to-toe in a straight line or stand on one leg for a period of time.
Unlike a chemical breathalyzer or blood test, field sobriety tests do not fall under implied consent laws. This means they do not carry administrative license suspension penalties if you refuse. More importantly, prosecutors cannot use your refusal to submit to field sobriety tests as evidence against you at trial.
However, even if you refuse a field sobriety test, it may not stop an officer from arresting you for OUI, if they believe they have sufficient probable cause. This may depend on other observations, such as erratic driving, odor of alcohol, slurred speech or other behaviors.
How Reliable Are Field Sobriety Tests In Determining Impairment?
Even when police perform them “correctly,” field sobriety tests are often unreliable for showing or proving impairment. The results are highly subjective and many factors that have nothing to do with being under the influence can affect them.
For example, a person might:
- Be too nervous or anxious to perform well, leading to perceived “failure”
- Struggle with balance due to pre-existing medical conditions, such as a knee injury, inner ear issues or simply being tired or ill
- Find it difficult to follow instructions due to language barriers, hearing impairments or even the distracting environment of a roadside stop with passing traffic and flashing police lights
- Wear footwear that makes balancing difficult
- Have physical characteristics like age or weight that impact performance
Even if you submitted to field sobriety tests and supposedly “failed” them, this is not necessarily fatal to your defense in an OUI case. As your criminal defense lawyer, Mr. Travayiakis will challenge the administration, scoring and inherent reliability of these tests. He will also analyze all other evidence and details in your OUI case, identifying any weaknesses in the prosecution’s argument and advocating for your rights on your behalf.
Get Experienced OUI Defense: Call The Law Offices of Lefteris K. Travayiakis
When facing OUI charges, you need a powerful advocate in your corner. Discuss your case, your rights and potential defense strategies with attorney Travayiakis today. Call 617-657-2333 or send a message through the website to schedule a free initial consultation.