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It is extremely intimidating when you have been pulled over and a police officer asks you to step out of your car. It is within your rights to, nicely and politely, refuse to perform standard field sobriety tests, such as balancing tests and memory tests. Of course, the police will never tell you that. This type of refusal is not the same as refusing to submit to Breathalyzer or blood tests. Regardless of the details, it is important to know that your situation is serious and the result of failing field sobriety tests and Breathalyzers will lead to your arrest and charges of DUI.
At the Law Office of Richard A. Mulhearn, P.C., we defend people throughout the Commonwealth of Massachusetts who have been charged with OUI, DUI or drunk driving based on the findings of a sobriety or Breathalyzer test. We know from experience that the results of these tests can be effectively challenged in court. We have built our successful career on a willingness to stand up for people charged with DUI. For a free initial consultation, contact us by e-mail or call 508-753-9999.
When you have been stopped for suspicion of drunk driving, you are not required to submit to a field sobriety test. You have the right to refuse and you cannot be penalized for refusal, nor can the fact that you refused be used against you in court. Field sobriety tests are often a tool used by law enforcement officers to argue that there was probable cause to arrest you and bring you to the police station, where you will be asked to submit to a Breathalyzer test.
Though you can refuse to submit to a Breathalyzer test at the police station , and your refusal cannot be used against you in court, your refusal of the Breathalyzer test at the police station can lead to automatic suspension of driving privileges. Under the implied consent laws of Massachusetts, you agree to submit to chemical tests in exchange for the right to drive. Please note that because the portable Breathalyzer is considered part of the field sobriety test, you can refuse to take a portable blood alcohol test without automatic license suspension.
Eye movement: "The pen test", or horizontal gaze nystagmus (HGN), that tracks your eye movement while you are asked to follow with your eyes a pen or other stimulus that is waved in front of you in order to test your concentration and control, as well as to detect involuntary eye movements that the police believe are evidence of alcohol impairment
Balancing: "Walking the line," standing on one leg or touching a finger to your nose with your eyes closed to demonstrate balance, coordination, muscle control, memory and concentration.
Recitation: Saying the alphabet or counting (either forwards or backwards) in order to demonstrate mental functionality and clarity of speech.
Manual dexterity tests: Using your fingers and hands in patterns to test your fine motor skills, control, coordination and concentration.
Our firm can explain the nuances of Breathalyzer and field sobriety testing, along with DUI implied consent issues. To schedule a free initial consultation, contact our office by e-mail or call 508-753-9999. We are available to meet with you if you are in custody or to take your call 24 hours a day, 7 days a week. Our office is conveniently located in downtown Worcester, close to the courthouse.
While this website provides general information, it does not constitute legal advice. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.