Driving under the influence of drugs or alcohol is reaching epidemic proportions in the United States. Drunk driving accidents are responsible for 10,000 deaths every year and $44 billion in damages annually, not to mention the family member’s lives that are forever altered. 

While the legal blood alcohol limit in Massachusetts is .08, many drivers show signs of being impaired long before that limit is reached. This could involve reckless decisions on the road, lack of coordination, drowsiness, and an inability to follow the driving rules of the road. Here is what you can expect to happen. 

breathalyzer

Field Sobriety Tests 

In short, Field Sobriety Tests are roadside balancing and coordination tests conducted by police officers to determine whether to arrest someone for OUI/DUI/DWI in Massachusetts. There are three standardized sobriety tests commonly given roadside. 

Once a law enforcement officer has pulled you over and asked you to get out of your vehicle, they may ask you to perform certain tasks to determine your level of sobriety. These include the Nine Step Walk and Turn, One Leg Stand, and Horizontal Gaze Nystagmus. 

Nine Step Walk and Turn

This sobriety test requires drivers to walk nine steps going heel to toe, then turn and do the same again back to their original position. Officers are looking for balance indications, ability to follow instructions, staying in a straight line, not using their arms for balance and counting out the right number of steps. 

The One Leg Stand

This sobriety test requires that the motorist hold one foot, six inches from the ground while counting to thirty. People who are overweight, elderly, or who have knee, hip, or back issues may be able to argue against the validity of this test in court as it puts them at an unfair disadvantage. 

The Horizontal Gaze and Nystagmus Test 

During this test, an officer may ask a motorist to follow a pen with their eyes to examine for any movement of the eye that is jerky or bouncing may indicate impairment. 

In Massachusetts, a driver has the right to politely refuse to take a field sobriety test by telling them that they do not consent to take the test. Unlike refusing a breathalyzer test, there are no license consequences for refusing the field sobriety tests.

In addition to the field sobriety tests a driver may also be asked to submit to a Breathalyzer Test which can measure blood alcohol content. Refusal to submit to a breath test may result in a lengthy license suspension. 

For more information or if you have questions about your court case related to alcohol or drug impairment talk to the experts at Patrick Conway Law Offices