Some of the Things You Should Think About If You Are Asked to Perform Field Sobriety Tests

If you ever find yourself pulled over by a Police Officer and the Officer suspects that you may be operating a motor vehicle under the influence of alcohol or drugs, or a combination of both, the Officer will ask you to exit your vehicle. The Officer will then ask you to perform some field sobriety tests. As a Criminal Defense Attorney, some of the most common questions I get regarding DUI/OUI cases, is “do I need to take these "tests" and whether I should take them?”

What most people do not realize is that these tests are designed in such a way that it is easy for people to fail them, even if they are not under the influence. For example, in the so-called "One-Legged Stand Test," the Police Officer is trained to look for eight separate things. Even if you were to do six of the eight things correctly (which would have been a passing grade in school, 75% or a C), it is still considered to be a failure. Furthermore, there are numerous reasons why people do not perform these tests adequately. For example, some people will not perform these tests to the Police Officers liking because, they have an injury, they are overweight, they are tired, they are nervous or because they have a learning disability.

The good news is that, unlike the case with refusing the breathalyzer test, your license will not be suspended just because you refuse to take the "field sobriety tests." It is also great news that, in Massachusetts, the prosecutor and the police are not allowed at trial to make any mention of the fact that you refused these "tests." In fact, sometimes jurors are left with the impression that the police officer conducted a shoddy investigation and didn't even give you the tests. Thus, there are some very good reasons to refuse these tests, depending on the circumstances.

However, even if you have taken these "tests" and done poorly, all hope is not lost. With the help of a top-notch attorney, many people who failed the tests can still beat their DUI/OUI Case. Oftentimes, what the Police Officer claims is an indicator of impairment can be parsed out with good cross-examination to show a Jury or a Judge, that the Police Officer made a mistake. For example, what the Police Officer interpreted to be a failing score on a field sobriety test can easily be explained with medical documentation that you were injured. That is why it is so important to contact an attorney immediately if you have been arrested and charged with a DUI/OUI. If you find yourself on the receiving end of a DUI/OUI Charge, please contact Attorney Paul R. Moraski at 1-978-744-1200.


The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Cell: 978.397.0011
Fax: 978.825.1370

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