Failed field sobriety tests often provide Massachusetts police officers with probable cause to arrest you for DUI.
However, the prosecution must still prove the DUI charge beyond a reasonable doubt. The results of some field sobriety tests can be used in court, but if this is the only evidence the prosecution has, you have more leverage when fighting for a dismissal of the charge.
Why? First, only the results of standardized field sobriety tests can be used against you in court. The National Highway Traffic Safety Administration recognizes three standardized field sobriety tests:
- Horizontal gaze: The horizontal gaze nystagmus test involves following a small object, usually a beam of light, with your eyes while not moving your head. The police officer typically moves the object back and forth in front your face to see if you can follow the light with your eyes.
- Walk and turn: The walk and turn involves walking heel to toe for nine steps, then turning around in a certain manner and walking back in the other direction the same way.
- One-leg stand: This is exactly what it sounds like. You must stand on one leg and count out loud until the police officer tells you to stop.
These tests are designed to assess your balance, coordination and memory. Sometimes police officers will ask you to perform other types of field sobriety tests, such as reciting the alphabet backward or counting backward from 100.
Non-standardized tests cannot be used in court
While you can still be arrested for DUI for failing these types of non-standardized field sobriety tests, those results cannot be used against you in court. Only the results of the three standardized tests can be used.
Failing any of the three standardized tests does not necessarily guarantee a conviction. There are many ways to attack the validity of a failed field sobriety test.
People may fail field sobriety tests for many other reasons aside from being intoxicated. It is possible to fail a field sobriety test when you are completely sober.
Being pulled over for DUI causes most people anxiety. Symptoms of anxiety can mimic intoxication, especially when trying to listen to directions and perform activities requiring balance and coordination.
The circumstances surrounding the testing must also be considered, such as the weather or traffic conditions at the time the tests were performed. Rain, high wind or darkness could cause a failed test, while the distraction from heavy traffic may cause a failed test.
Without any evidence of intoxication, such as a failed breath or blood test, a failed field sobriety test on its own is often not enough to prove intoxication beyond a reasonable doubt.
Your right to refuse field sobriety tests
Additionally, you have a right to refuse field sobriety tests altogether during an DUI stop. Many people mistakenly believe they must take these tests at a police officer’s request.
Others find themselves taking the tests even if they know they have a right to refuse out of nervousness or believing that consenting to the tests will make them appear cooperative.
Trying to get on a police officer’s good side by consenting to the tests is sometimes what the officer is hoping for. However, you will generally be arrested if you fail one of the tests, no matter how cooperative you appeared.