Sobriety Tests

Worcester Field Sobriety Test Attorneys

Walpole OUI Defense Lawyers

The police can and do make mistakes administering sobriety and breath tests and when making OUI arrests. Even if you failed field sobriety tests and blew over .08, it is still possible to get a drunk driving charge dismissed.

At O’Connor and Ryan, our job is finding those mistakes. We understand the many legal and technical defenses to drunk driving charges, and we will defend your rights and freedom.

Contact us today for a consultation with an attorney about an OUI case.

Field Sobriety Tests

If you are stopped by the police for suspicion of drunk driving, you may refuse to perform roadside field sobriety tests. In fact, in most situations you should not do so. Attempting to perform the tests will only provide the police more evidence to use against you in a trial. Your refusal to do the tests cannot be used against you.

Massachusetts police use three standard field sobriety tests:

  • Horizontal gaze nystagmus (HGN)
  • One-leg stand
  • Walk and turn

While field sobriety test results can be used in court, they are inexact and unscientific. Even sober people sometimes have difficulty performing them. If you refuse to do them, no evidence of your refusal can be offered at trial.

If you have failed them, it is possible to suppress the admission of that evidence in a subsequent trial or administrative hearing. Our firm will closely examine the administration of the tests, as well as other factors in your case. Whenever possible, we will seek to obtain a dismissal of the OUI charge or reduction to a nonalcohol driving offense.

Breath Test Refusal

Under Massachusetts’ implied consent laws, if you refuse to submit to a Breathalyzer test, you will automatically lose your driver’s license with no possibility of getting a hardship license.

If you have refused to perform a breath test, O’Connor and Ryan can represent you in an administrative hearing at the Massachusetts Registry of Motor Vehicles. Our goal will be to get your license reinstated.

Contact Our Firm

For a consultation about your case with a Fitchburg field sobriety test lawyer, contact O’Connor and Ryan.

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