During a traffic stop, police officers may ask drivers to perform field sobriety tests to assess impairment. Choosing to comply or refuse can bring legal consequences that affect an OUI case. Knowing these implications helps drivers make informed choices in such situations.
Understanding field sobriety tests in Massachusetts
Law enforcement officers administer field sobriety tests (FSTs) to determine if a driver operates a vehicle under the influence of alcohol or drugs. These tests typically include the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. Officers analyze physical coordination, balance, and cognitive function through these exercises. Massachusetts law does not mandate drivers to take these tests.
No legal penalty for refusing a field sobriety test
Unlike breathalyzer tests, which trigger automatic license suspension for refusal, field sobriety tests remain voluntary in Massachusetts. Drivers can decline participation without facing additional criminal penalties or immediate license suspension. However, officers may still arrest drivers based on other observations, such as slurred speech, erratic driving, or the smell of alcohol.
How refusal may impact an OUI case
Refusing a field sobriety test reduces the evidence available to prosecutors in court. Without test results, prosecutors rely more on officer testimony and other observations. However, they may still use the refusal as circumstantial evidence of impairment. In court, they might argue that declining the test suggests the driver expected to perform poorly.
Implied consent does not apply to field sobriety tests
Massachusetts enforces an implied consent law for chemical testing, meaning drivers who refuse a breathalyzer test receive an automatic license suspension. This law does not apply to field sobriety tests. Drivers face no penalties for declining them, but officers may still arrest a suspect if they observe other signs of intoxication.
Knowing legal rights during a traffic stop empowers drivers to make informed decisions. Refusing a field sobriety test does not bring automatic penalties, but officers may still proceed with an arrest if they gather enough evidence of impairment. Strong legal representation helps drivers navigate an OUI charge and build a solid defense.