When someone is pulled over and the police suspect that they are under the influence of alcohol, they often request that the person take “Field Sobriety Tests.”
These tests are a method used to help determine if someone’s ability to drive is impaired. There are some standard tests that are used throughout the country for this purpose, including a “one-leg stand,” a “nine-step walk and turn,” and “horizontal gaze nystagmus test.” These tests examine both a person’s physical dexterity, the ability to understand and follow instructions, as well as generally whether a person can divide their attention between multiple things.
These tests can be a double-edged sword. If the police officer thinks you do well on these tests, that obviously could result in no arrest, or helpful evidence at trial. However, if an officer feels like you did not perform well, this can be used against you. An officer’s testimony that you failed field sobriety tests can be some of the most damning evidence at a trial.
The U.S. and Massachusetts Constitutions do provide you with protection.
Constitutional rights guarantee that a person cannot be compelled to furnish evidence against themselves in a criminal prosecution. Think about the commonly known Miranda warning that “you have the right to remain
silent.” In the context of field sobriety tests, you similarly cannot be compelled to take these tests against your will.
There are two important things to keep in mind about this though:
- An officer does not have to tell you that you
have the right to refuse the testing; and - An officer could arrest you for drinking and driving even without evidence from the field sobriety tests if there is sufficient other evidence of impaired driving, such as slurred speech, an odor of alcohol, or unsteady movement.
One final thing to know is that if you do refuse to take field sobriety tests, this refusal CANNOT be used against you later. The law protects your ability to exercise your rights without consequences at trial. This means that when you go to trial in front of a jury, they should never know that you refused field sobriety tests, or even that the tests were offered.
Whether you or a loved one is charged with operating under the influence, and whether they took field sobriety tests or refused them, it is still a serious criminal offense with serious penalties. Do not hesitate to
hire an experienced OUI trial attorney.
