Boston OUI Lawyer
Field Sobriety Tests
Field sobriety tests are a tool police officers use to determine if a driver is too intoxicated to drive or operate a vehicle. These tests challenge a driver’s ability to follow instruction, as well as his or her physical coordination, balance, and mental alertness. Although there are many different types of field sobriety tests, police officers in Boston typically require drivers to perform at least one of the following three tests:
- Walk and Turn: you will be instructed to take nine heel-to-toe steps in a straight line, turn, and repeat the action in the opposite direction.
- One Leg Stand: you will be instructed to stand on one leg, arms at the side, and count out loud.
- Horizontal Gaze Nystagmus: you will be instructed to follow an object’s line of motion with your eyes.
Challenging Field Sobriety Tests
If you were arrested on OUI /DUI charges after taking a field sobriety test, it does not mean that you cannot challenge your test. There are many explanations as to why a driver may fail a field sobriety test. First and foremost, these tests are highly subjective, and the question of whether a driver passes or fails is left solely to the determination of the officer. In addition, although field sobriety tests were designed to test your sobriety, many people who aren’t even intoxicated having difficulty passing these tests. Furthermore, the tests were created to challenge a driver’s balance, coordination, and ability to follow instructions, but there are a number of extenuating factors—other than intoxication—that could cause a driver to perform poorly. These factors include:
- The driver’s type of shoe wear
- The driver’s age and weight
- If the driver has a pre-existing illness or condition (i.e. a back problems, bad knees, etc.)
- Fatigue
- Nerves
- Poor weather conditions
- Poor road side conditions
- The officer improperly administered the tests
- The officer’s instructions were too vague
Contact Boston OUI Attorney Thomas A. Brant
The truth is the that these tests are no more than 68-80% accurate, which is not enough to prove that you’re guilty of OUI beyond a reasonable doubt. It’s important to find a Boston OUI lawyer who not only has experience handling Boston OUI cases, but who also knows how to effective challenge a field sobriety test. At the Law Office of Thomas A. Brant, you can trust that Mr. Brant has the experience and skill to aggressively defend you against your charges. Furthermore, Mr. Brant has been very successful at fighting OUI charges, and has helped many clients avoid an OUI conviction by challenging the results of their field sobriety tests!
If you are in need of aggressive OUI/DUI defense services, please don’t hesitate to contact Boston OUI attorney Thomas A. Brant today at (617) 765-4903!