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DUI Defense Handbook

Boston DUI Defense Attorney

Field Sobriety Tests

There are several types of field sobriety tests that 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% accurate.  If you have been arrested with a DUI charge it is crucial that you contact a Boston DUI Defense Attorney to protect your rights.  There are numerous factors that can affect field sobriety test results including the following:

  • Language problems resulting in an inability to follow orders
  • Dizziness
  • Balance problems
  • Fear
  • Medical problems
  • Age
  • Type of footwear

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 the following:

  • 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

These tests are often administered incorrectly.  For example, the "walking in a straight line" test is supposed to be done in an area which is smooth and flat and 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, and watching their eyes move, and looking for "jerks" in their eye movement.  A law enforcement officer is not an eye doctor and the results from any such test administered are highly suspect as to accuracy. 

Contact a Boston DUI Defense Lawyer

If you have been arrested and charged with a DUI charge and were administered field sobriety tests, it is crucial that you enlist the help of a Boston DUI Defense Attorney to fight for you.  One area of defense that could be used as these highly subjective tests that are often wrongly administered and evaluated.

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When it comes to litigating field sobriety test cases, our attorneys vigorously and tirelessly fight for clients, both in the District Court and at the Registry of Motor Vehicles (RMV). Our motto of "All Cases, All Hours, All Courts" explains our determination, drive, and accountability in obtaining the best possible result for our clients.  Learn more about Massachusetts DUI laws in our FAQ Section, and then call (888) 684-2773 for a FREE Case Evaluation or contact us online.

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The information on this website is for general information purposes only.  Nothing on this site should be taken as legal advice for any individual case or situation.  This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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