It’s Friday night.  You went out to dinner with friends.  You had a couple glasses of wine with dinner.  You are driving home and you see police lights behind you.  You pull over.  A police officer asks you for your license and registration.  You provide your license and registration.  The officer asks you if you have been drinking.  You tell him you had a couple glasses of wine at dinner.  The officer asks you to get out of your car.  After you get out, he asks you to do some field sobriety tests.  The officer concludes you ‘failed’ the tests and places you under arrest for OUI (Operating Under the Influence of Intoxicating Liquor).  The next thing you know, you are at the police station calling a friend or family member to bail you out.

This story is often familiar to someone that has been charged with OUI in Massachusetts.Field Sobriety Tests are a battery of tests employed by a police officer when he suspects you are driving a vehicle while under the influence of liquor.  There are a number of different field sobriety tests that are used in Massachusetts.  The Alphabet Test, the Nine-Step walk and turn, the one-legged stand and the HGN  (Horizontal Gaze Nystagmus) are among the most frequently used in Massachusetts.  Each test requires the police officer to make subjective interpretations about your performance on the tests.  Often times these subjective interpretations result in an arrest of the driver.

A Top Massachusetts OUI Defense Lawyer will prepare to challenge the officers’ interpretation of the field sobriety tests.  As mentioned above, the officers’ interpretations are his subjective opinion.  An experienced Massachusetts OUI Defense Attorney will carefully break-down the officers observations when defending his client.

If you are stopped by a police officer, always be polite.  You can refuse to participate in Field Sobriety Tests.  Unlike a refusal of a breath test that will result in a license suspension, there is no penalty for refusing to perform field sobriety tests.


Boston OUI Defense Lawyer Jeff Miller is an experienced OUI trial attorney.  CLICK HERE to read about OUI cases handled by Attorney Miller.  If you or a loved one has been charged with OUI in Massachusetts, contact Massachusetts OUI Defense Attorney Jeff Miller at 617-482-5799 immediately to schedule and appointment.