Massachusetts DUI Attorney Blog

Massachusetts OUI arrests will generally contained statements by the officer in the police report that the motorist failed field sobriety tests. Are these tests even reliable? Studies by the National Highway Traffic Safety Administration show these tests are approximately 68%. Is that enough to prove a case to a judge or jury beyond a reasonable doubt? The answer is in many case it is not enough as the problems with these tests are easy to understand.

The case of actress Stephanie Pratt demonstrates the minimal reliability of these tests. According to news accounts, the actress was taking these tests in four inch high heel boots. Police training manuals clearly provide that any motorist with two inch or more high heels should be given a chance to take off their shoes. If this account is accurate, the officer's experience, training and opinion on whether Pratt was under the influence could be called into question by a good DUI lawyer on cross examination.

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Field sobriety tests are often used to justify a Massachusetts DUI arrest. A recent study demonstrates that these field sobriety tests are no more reliable than flipping a coin. A recent study showed that police officers incorrectly classified 46% of the participants. Why are field sobriety tests unreliable, because they are physical tests, balancing on one leg and walking nine steps heel to toe are the two most commonly used field sobriety tests. These tests are impacted by weather conditions, location of the test and especially the physical dexterity of the participant.

Another common field tests, the finger to nose test, has never been studied for reliability and requires the motorist to touch their nose while on the side of the road with a police officer judging their performance. The article suggests that police officers know when they approach the car whether there is going to be an arrest and that these field tests simply justify the decision to arrest.

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A Stoughton, Massachusetts man was held without bail after being charged with a 4th offense DUI. A Massachusetts Fourth Offense OUI is a felony and carries with it the possibility of 2.5 years in the house of correction and carries a mandatory sentence of two years in the house of correction with a one year mandatory minimum sentence.

According to news accounts, the suspect Paul Davenport, allegedly was involved in a hit and run accident and was stopped when police identified the car as being involved in an accident with heavy front end damage. The police did not observe any erratic operation and claim that the defendant failed two out of four field sobriety tests.

Davenport's DUI lawyer appears to have a strong case as according to the police own testimony the defendant passed two field tests. The police deemed Davenport to have failed the one leg stand, despite evidence that the motorist had an injury to his left leg. At trial, in addition to challenge the general unreliability of the one leg stand test, a DUI attorney could present medical records documenting the motorist's medical problems with his left leg, explaining any officer testimony regarding a lack of balance.

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As an experienced Massachusetts DUI lawyer, one thing is clear from having DUI trials and watching DUI trials is that police officers administer the field sobriety tests according to their own personal style and preference. The National Highway Traffic Safety Administration studied the standardized field tests, the horizontal gaze, nine step walk and turn and one leg stand.

The reliability of the horizontal gaze test is 77% accurate; the nine step 68% accurate; and the one leg stand 65% accurate. Despite the minimal reliability of these tests, these are deemed the standardized test. Officers use other tests such as a finger to nose test, counting test and alphabet test, none of which have ever been studied for reliability in detecting drunk drivers.

In a recent trial I had, the officer's testimony indicated he did not administer the test correctly. He testified that on the walk and turn, the turn can be done in any manner the suspect wishes and has no set criteria. He testified he was not aware of any requirement that the turn be a series of three smaller steps as is indicated by his training manual. In one trial I saw while in court, the officer acknowledge that he instructed the suspect to put his leg down every five second and alternate legs on the one leg stand. Not only did this officer not know the criteria for the one leg stand, but he essentially created a new test.

Frequently, officers will vary in their application of the test. For example, the nine step walk and turn requires the officer to put the suspect in the start position where one foot is in front of the other. Some officers use the start position; others do not. According to the police training manual, the tests are suppose to be given in a standardized manner with a standard set of clues to guide an officer in scoring the test.

In a recent trial I had from the Dedham District Court, the officer testified that he was not aware that the nine step walk and turn allows a suspect to have a one-half inch space between heel to toe. If a suspect is required to bang their feet together, the test administered is more difficult than set forth by the officer's training.

Other officers do not use the standardize field test, but instead use an alphabet test, counting test and finger to nose test. These tests according to the police training manual are intends as screening tests prior to requiring a suspect to get out of the car to even submit to further police investigation. Many officers use these in place of the field tests while some use them as additional tests.

If you were arrested because you failed field sobriety tests, your case is very defensible as there are numerous challenges to the accuracy of these exercises, including how they are administered, conditions the tests are performed under as well as possible medical issues that could impact the results.

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