It’s a Saturday night and you’ve just finished an evening out with old friends that included good food, good drinks and lots of laughs. On your way home, you are pulled over for a traffic infraction. The officer asks for your license and registration and then asks if you’ve been drinking due to an odor of alcohol coming from your car. Next thing you know, you’re being asked to participate in a Field Sobriety Test. What do you do and what does this battery of tests entail?
Should this scenario happen to you or someone you are traveling with, it’s best to know what will be asked of you and how the test is conducted.
What Is a Massachusetts Field Sobriety Test?
A Field Sobriety Test is used by law enforcement to determine if a driver is impaired or operating a vehicle under the influence of drugs or alcohol. It involves evaluating balance, coordination and the ability to multitask.
In Massachusetts, drivers can refuse to take the test without legal consequences. However, if a suspect is asked to take a breathalyzer or have a blood test to determine if they are under the influence, they could suffer consequences should they refuse this test regarding their driver’s license, insurance, and an impounding of the vehicle used.
Components of Field Sobriety Tests
According to the National Highway Traffic Safety Administration, the Field Sobriety Test has three components. The three field sobriety tests used in Massachusetts are the Horizontal Gaze Nystagmus (HGN) Test, One-Leg Stand Test, and Walk and Turn Test.
Horizontal Gaze Nystagmus (HGN) Test
During the Horizontal Gaze Nystagmus test, a driver is asked to follow an object (usually a pen or light) with their eyes while the officer looks for abnormal eye movements. Indicators of impairment during this test include a jerking movement of the eyeballs as well as not being able to follow the object in a smooth movement.
One-Leg Stand Test
This portion of the Field Sobriety Test includes having the driver stand one foot about six inches off the ground for 30 seconds while counting, 1, 1000 and so on. During this test, arms should remain by the driver’s side.
Indicators of impairment during this part of the test include swaying, hopping to maintain balance, putting the foot down to rebalance, or using arms to balance.
Walk & Turn Test
The Walk and Turn Test includes having the driver walk in a straight line, touch their heel to toe, turn on one foot, and return in the same way. The driver is asked to do this for nine steps as they count out each step.
During the test, the officer looks for several indicators of impairment. Signs of impairment may include losing balance, not taking the correct number of steps, not following directions, stopping to regain balance or using arms as a balance mechanism.
Accuracy Rates of Field Sobriety Tests
It is important to note that Field Sobriety Tests are not 100% accurate. Research from the NHTSA has found that the HGN test had a 77% accuracy rate, the walk and turn test had a 68% accuracy rate, and the one-leg stand test had a 65% accuracy rate. Some people may also have difficulty with the tests even when sober, such as the elderly, people with back or neck issues, or people who are overweight.
Need legal assistance after a DUI arrest? Talk to our team at Patrick Conway Law Offices in Salem, MA.
What Is a Breathalyzer & Taking It Required?
In our last blog, we discussed Field Sobriety Tests and what is involved with taking each portion of the three tests. Today, we will continue our series on the legal ramifications of driving under the influence with a discussion about what is involved in a breathalyzer test and whether taking one after an arrest is required in the state of Massachusetts.
What is a Breathalyzer?
A breathalyzer is a device used by law enforcement to estimate the level of alcohol in a person’s breath. The device consists of a small tube that a driver must blow into to determine if they have been driving under the influence of alcohol.
The reading from the breath sample will give law enforcement an indication of what your Blood Alcohol Level was while behind the wheel. It is common that officers will ask for two or more samples of breath that usually require the driver to breathe into the tube for 10 seconds or more at a time.
How Does a Breathalyzer Work?
Breathalyzers measure the amount of ethanol on a person’s breath. They work in a few different ways. A breathalyzer machine uses a chemical reaction that causes a chemical solution to react with the breath to indicate the level of alcohol.
The test also works with an infrared beam that measures infrared absorption. The more absorption, the higher the ethanol level. And finally, the test uses a fuel cell that reacts with the alcohol, producing an electrical discharge. The amount of electricity produced is directly proportional to the amount of alcohol in the breath.
How Accurate Are Breathalyzers?
Many different factors can determine the accuracy of a breathalyzer test. A person’s health, temperature, and the compounds on the person’s breath may impact accuracy. Additionally, human error during the test process could also decrease accuracy.
According to the National Library of Medicine, the error rate of a breathalyzer may be between 15-20%. This number means that your attorney may be able to argue in favor of your breathalyzer being thrown out of your DUI case.
Are Drivers Required to Take a Breathalyzer?
The state of Massachusetts is an implied consent state when it comes to a breathalyzer. This means that by driving, you have consented to a breathalyzer.
Are There Consequences of Not Taking a Breathalyzer?
Refusing to take a breathalyzer is not a criminal offense, but there are other consequences to consider. These include an automatic 180-day license suspension, an impounding of the vehicle for 12 hours, RMV notification of the refusal, and skyrocketing insurance premiums.
Need legal assistance after a DUI or OUI arrest? Talk to our team at Patrick Conway Law Offices in Salem, MA.