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Are field sobriety tests dependable when you did not drink?

On Behalf of | Mar 20, 2025 | DUI/OUI |

You stand on the roadside, heart pounding as the officer asks you to follow their instructions. Despite having no alcohol in your system, anxiety takes over. Your legs shake, your balance falters, and suddenly, you are facing DUI accusations despite being completely sober. This scenario happens more often than many realize, leaving innocent drivers facing serious legal consequences.

Can field sobriety tests give false results?

Field sobriety tests in Massachusetts use set protocols but can be subjective. You often encounter three standard tests:

  • Horizontal Gaze Nystagmus (HGN): You follow a moving object with your eyes. The officer checks for jerking in your eyes.
  • Walk-and-Turn (WAT): You take nine steps along a straight line. Then, you turn on one foot and return the same way.
  • One-Leg Stand (OLS): You stand on one leg and count aloud by thousands until told to stop. The officer watches for balance issues.

These tests assess your coordination and balance. They help officers decide if you are under the influence. Remember, these tests can be tricky even if you are sober. In addition, many factors can cause you to fail these tests even when sober:

  • Physical conditions (back problems, inner ear issues, obesity)
  • Weather conditions (wind, uneven surfaces, poor lighting)
  • Nervousness and anxiety
  • Fatigue or lack of sleep
  • Certain medications

Under Massachusetts law, officers need probable cause to arrest you for OUI. However, these tests often indicate that there is a “probable cause,” even though they are not always reliable.

How can you challenge test results in court?

Field sobriety tests have significant scientific limitations. Courts have recognized these shortcomings, allowing several defense strategies:

  • Question test administration: Officers must follow exact protocols
  • Present medical evidence: Conditions that affect balance or coordination
  • Challenge environmental factors: Poor testing conditions
  • Highlight officer training gaps: Improper test administration

Massachusetts courts have ruled that field sobriety tests alone are not conclusive evidence of impairment (Commonwealth v. Gerhardt). With proper legal support, you can challenge these subjective assessments and protect your driving record, reputation and freedom from charges that may stem from unreliable testing methods rather than actual impairment.

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