Failed Field Sobriety Test DUI Defense Attorneys
Did you “fail” when given walk-and-turn field sobriety test even though you had not been drinking?
There are many reasons why people fail the walk-and-turn field sobriety test. Medical conditions, footwear, conditions, and even not understanding the instructions can cause you to appear impaired even when you have not been drinking.
If you failed any type of field sobriety test for any reason we can help. For a free consultation contact a Brockton, MA drunk driving offense defense lawyer with a track record of success you can count on.
About the Walk-and-Turn Field Sobriety Test
A walk-and-turn test is one of three main field sobriety tests Massachusetts law enforcement use as a means to detect or measure any impairments a driver may have due to drinking or taking drugs.
Alcohol affects a person’s coordination, balance, short term memory and ability to process information. Officers employ the walk-and-turn test to measure all these each of which is an integral part of driving an automobile.
How the Test is Given
The test should be administered on a hard, even surface away from traffic. The officer should provide an actual line on which the walking should take place. However, most of tests are perform on the side of the road in poor lighting condition, rarely without an actual line and on surfaces that are not level, hard or dry. If the suspect is asked to walk an imaginary line then who’s to say how wide it is and when, if ever, the test taker deviate from its course.
The test is divided into two phases. The officer first explains the test and then demonstrates how it should be performed. The suspect has to take nine heel-to-toe steps on an imaginary or actual line, pivot and return along the line in a heel-to-toe fashion. During the test the subject has to count aloud each step as it is taken.
The officer will take the following indicators into account when scoring the test:
- Suspect’s ability to maintain balancing during the instructional/demonstration phase;
- If the suspect starts to soon;
- If the suspect stops or hesitates while taking his or her steps;
- If the suspect’s heels actually touch his or her toes;
- If the suspect uses his or her arms to maintain his or her balance during the test;
- If the suspects takes more or less than the required nine steps; or
- If the suspect loses his or her balance when turning.
If the officer notices two or more of these indicators then there is a sixty eight percent chance that the test taker has a blood alcohol level .10 or higher. The suspect will receive a failing score if he or she steps of the line three or more times
Massachusetts Failed Field Sobriety Test Lawyers
We can help. For a free consultation contact a Boston area OUI/DWI lawyer with a track record of success you can count on. We look at all the facts of your case. If you failed any type of field sobriety test, whether or not you had been drinking, we will work hard to develop a strong defense on your behalf.
More Information About Drunk Driving and Field Sobriety Tests in Massachusetts
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