What Are OUI Field Sobriety Tests Massachusetts?

Written By: Matthew W. Peterson

Published: 05/30/2019

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Overview of OUI Testing in Massachusetts

If you’re pulled over for OUI in Massachusetts, you may be asked to perform field sobriety tests Massachusetts and other tests. These include horizontal gaze nystagmus (HGN), walk-and-turn, one-leg stand, portable breath test, and post-arrest chemical tests using your breath and/or blood. If you have been drinking, deciding whether to perform these tests is a crucial decision. Refusing these tests could deny the Commonwealth evidence to convict you of OUI, but refusal can also have consequences for your driver’s license. Performing these tests could provide the Commonwealth with evidence to help in your OUI case against you, but it could also prevent driver’s license suspensions.

What Sort of Field Sobriety Tests are Given in Massachusetts?

Field sobriety tests Massachusetts (or “roadside assessments”) are physical tests that supposedly measure your level of drunkenness. They generally assess your motor skills, ability to follow directions, and ability to multitask. These tests include the walk-and-turn and one-leg-stand test.

One-Leg Stand Test: The officer asks you to stand on one leg and hold your other leg up about six inches off the ground.
Walk-and-Turn Test: The officer asks you to take nine heel-to-toe steps, turn around, and return using nine more heel-to-toe steps.

If you have been drinking, it may make more sense to refuse to perform these tests. Under current law, there are no consequences for your driver’s license if you refuse, and your refusal cannot be used against you at trial.

Horizontal Gaze Nystagmus (HGN) Test

The HGN test measures the reaction in your pupils to stimuli. The results are not admissible in Massachusetts without expert testimony. A properly qualified expert, such as a drug recognition expert, may administer an HGN test and testify about it in court. However, if you have been drinking, it may be wise to respectfully refuse the HGN test to deprive the Commonwealth of valuable evidence.

What Chemical Tests are Administered in Massachusetts?

Portable Breath Test

Portable breath tests are conducted with hand-held devices and are not admissible in court. You have no right to refuse a portable breath test; since it’s not admissible, it generally doesn’t make sense to refuse it.

Breathalyzer or Draeger Breath Test

A breathalyzer or Draeger breath test is administered after arrest at the police station. A breath test is admissible; if you blow over .08, this almost certainly proves an OUI case against you. Your refusal cannot be mentioned at trial; however, refusing can lead to a driver’s license suspension ranging from 180 days to life depending on your history and age.

Blood Test

A blood test can be administered at a hospital if you consent or if police obtain a warrant. If you refuse a blood test, your driver’s license will be suspended.

Conclusion

Many field sobriety tests can be excluded from evidence in Massachusetts. You may also have other defenses to an OUI charge. If you have been charged with OUI, it’s important to contact a Boston OUI defense attorney at the Law Office of Matthew Peterson as soon as possible. My phone number is (617) 295-7500.

Frequently Asked Questions (FAQs)

1. What should I do if I am pulled over for suspected OUI?

If you are pulled over, remain calm and polite. You have the right to remain silent and can choose whether to answer questions. It’s advisable to inform the officer if you plan to refuse any tests. Consider contacting a lawyer as soon as possible.

2. Can I be arrested for OUI even if I pass the field sobriety tests?

Yes, you can still be arrested for OUI even if you perform well on field sobriety tests. Officers may consider other factors, such as the smell of alcohol, erratic driving behavior, or other signs of impairment.

3. What are the penalties for a first-time OUI offense in Massachusetts?

Penalties for a first-time OUI offense in Massachusetts may include fines, mandatory alcohol education programs, a driver’s license suspension for up to one year, and possible jail time of up to 2.5 years, depending on the circumstances.

4. How can I challenge an OUI charge in Massachusetts?

You can challenge an OUI charge by questioning the legality of the traffic stop, the administration of sobriety tests, or the accuracy of chemical test results. Consulting with an experienced OUI defense attorney is crucial for building a strong defense.

5. What happens if I refuse all tests during an OUI stop?

Refusing all tests can result in immediate consequences, such as a driver’s license suspension. However, your refusal cannot be used against you in court regarding the OUI charge itself. It’s important to weigh the potential legal implications before making this decision.