One of the more unreliable field sobriety tests used by Massachusetts police officers making OUI arrests is the finger to nose test. The exercise has never been studied for reliability as the other field tests, but is still used by many police officers.
In scoring the finger to nose test, the officer generally testifies that the person did not hit the tip of the nose, but just under or to the side. Often the report is vague and inconclusive regarding where the suspect actually touched. A carefully cross examination by an experienced DUI attorney can reveal that the officer cannot recall how the defendant performed because he did not record the details in the police report and failed to take notes at the scene of the arrest as taught at the police academy.
Being on the side of the road, with a police officer in front of you, and being required to touch your nose with your head tilted back is something most jurors can understand is a strange task. Although the police officer likely concluded that you failed this test and other field tests, ultimately your performance and the value of this test is for the judge or jury to decide at your OUI trial.
Arrested for OUI in Massachusetts based on field sobriety tests, call Attorney DelSignore immediately and he will explain to you your DUI defenses. Attorney DelSignore offers free consultations and will pursue every avenue of investigation to obtain an acquittal of your Massachusetts DUI case.
