Law Office of Richard A. Mulhearn, P.C.

Challenging Field Sobriety Tests in Worcester

Worcester MA Challenging Field Sobriety Test in DUI Attorney

Challenging Breathalyzer and Field Sobriety Tests in DUI Cases

If you have been charged with drinking and driving based on the results of a field sobriety or Breathalyzer test, you may mistakenly believe that it is in your best interest to simply plead guilty. You may also erroneously believe that you will get a reduced sentence by pleading guilty rather than defending the charges in court. You want an experienced lawyer to protect your interests, one who has worked extensively with sobriety and Breathalyzer tests, who knows how to effectively challenge the results of these tests.

At the Law Office of Richard A. Mulhearn, P.C., our firm has extensive experience challenging field sobriety tests in DUI cases. We will carefully examine the facts and evidence surrounding the administration of field sobriety or Breathalyzer tests to determine whether they were properly conducted. We will also review the chain of custody of any evidence to verify that it was not compromised. We will use our experience to examine all the possible defenses to reduce or dismiss the charges against you.

Refusal of Field Sobriety Tests

You have very little to gain from complying with a request to conduct a field sobriety test. It is unlikely that you will be let go, even if you pass the tests. It is your right to politely refuse to submit to the field sobriety tests, but be aware that an officer is going to be scrutinizing your every move for evidence that supports his theory that you have been driving under the influence.

Implied Consent

In Massachusetts, when you obtain a driver's license, you essentially enter into a contract that obligates you to provide a breath or blood sample to determine if you are operating a vehicle while under the influence of alcohol or other controlled substances. Failure to comply with the terms of this contract - your implied consent - will result in a driver's license suspension of at least 180 days and much longer depending on how many prior offenses there are or whether you are under age 21.

Even though your blood alcohol content (BAC) may have been .08 or above, this does not mean that your case is over. We take pride in challenging the results of all tests - field sobriety, Breathalyzer and blood - in order to ensure that all potential mistakes are exposed. We can review how the samples were analyzed, how the Breathalyzer was calibrated and challenge how the field sobriety tests were conducted. Our firm can also challenge the probable cause that the police officer "used" to conduct your traffic stop.

Massachusetts OUI Defense Lawyer

If you have questions or concerns about challenging a field sobriety test in a DUI case or other OUI defense issues, get in touch with us and we can help you understand your rights. To schedule a free initial consultation, contact our office by e-mail or call 508-753-9999 (toll free at 866-528-9032). 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.

NCDD National College for DUI Defense: Richard A. Mulhearn


At the Law Office of Richard A. Mulhearn, P.C., in Worcester, we represent individuals throughout Worcester County and the state of Massachusetts who have been charged with drinking and driving, including Shrewsbury, Westborough, Northborough, Grafton, Auburn, Holden, West Boylston, Sterling, Fitchburg, Leominster, Rutland, Webster, Spencer, Marlborough, Hudson, Oxford, Sutton, Douglas, Whitinsville, Milford, Hopedale, Uxbridge, Northbridge, Southborough, East Brookfield, Princeton, Paxton, Hubbardston and Worcester.