Massachusetts Field Sobriety Test Defense Attorney
Several types of field sobriety tests are commonly administered when stopped for suspicion of DUI or OUI. Each of these tests is flawed and is even acknowledged to be far below 100 percent accurate. If you have been charged with DUI, it is crucial that you contact a drunk driving defense attorney from the Pollack Law Group, P.C. (PLG) to protect your rights. Numerous factors can affect field sobriety test results, including:
- Language problems resulting in an inability to follow orders
- Balance problems
- Medical problems
- Type of footwear
Call Pollack Law Group, P.C. today at 800-82-DEFENSE (800-823-3336). Learn about our statewide defense strategy. Free initial consultation.
Examples of Field Sobriety Tests
Each of these factors can seriously affect a person's ability to accurately or successfully pass any field sobriety test. Further, if the law enforcement officer incorrectly administers the test or is aggressive and frightens the individual, it is not likely that the test will go well. The types of tests that are usually administered include:
- Reciting the alphabet
- Standing on one foot while counting
- Walking in a straight line
- Touching a finger to the nose
- Horizontal gaze nystagmus
- Nine-step heel-to-toe and turn
Warning: These tests are often administered incorrectly. For example, the "walking in a straight line" test is supposed to be done in a smooth, flat area away from moving traffic. Numerous such tests have been administered incorrectly by the side of the road with traffic whizzing by. The "horizontal gaze nystagmus" test is performed by the officer holding a pen about 10 inches away from the person's face and moving it from side to side, watching their eyes move and looking for "jerks" in their eye movement. A law enforcement officer is not an eye doctor and the results of any such test administered are highly suspect as to accuracy.
Contact a Massachusetts Defense Lawyer
If you have been arrested and charged with DUI following field sobriety tests, it is crucial that you enlist the help of an attorney from our firm to fight for you. One area of defense that could be used is that these highly subjective tests are often wrongly administered and evaluated.
Our lawyers vigorously and tirelessly fight for clients, both in District Court and at the Registry of Motor Vehicles (RMV). Call 800-82-DEFENSE (800-823-3336) for a free case evaluation or contact us online. Our lawyers handle drunk driving cases throughout New England and beyond.