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Police conduct field sobriety tests (FST's) to investigate whether an individual was operating his or her vehicle under the influence of alcohol. Developed by the National Highway Traffic Safety Administration (NHTSA), this organization provides training and materials to police departments across Massachusetts.
The organization's suggested tests, if performed in specific circumstances and in the prescribed manner, are supposed to provide an officer with indicators of a person's impairment. Police officers rely heavily on these tests to provide probable cause to arrest an individual on suspicion of operating under the influence of alcohol.
Police officers typically perform three individual tests:
°The Horizontal Gaze Nystagmus Test
°The Nine-Step Walk and Turn
°The One Leg Stand
Horizontal Gaze Nystagmus
In this test, the officer asks a person to follow an object, usually a pen or a small flashlight, with his or her eyes from left to right. During this test, an individual's eyeball involuntarily jerks a little. When a person has been drinking, the NTHSA contends that this jerking is magnified.
The HSG exam is a typical test that the police and the NTHSA contend can scientifically prove a person is under the influence of alcohol. Courts throughout the Commonwealth routinely deem such tests to be inadmissible during trial.
Nine-Step Walk and Turn
This is a two-part exam. During the first part, the officer explains a series of instructions about the test. While instructing the person, the officer also observes his or her behavior. The officer instructs the operator to stand still, feet together, with hands at the sides during the instruction phase. The police officer also instructs the person not to start the test until the officer completes the instructions and demonstration.
When pulled over late at night, along a busy road, many people become distracted, fidget, or have a hard time hearing the officer's instructions. All of these things factors work against a person's successful performance of this test.
The second part is the physical performance of the test. During this familiar test, the officer watches the person for his or her balance and ability to follow instructions. Many people, including those who suffer from physical problems, cannot successfully perform this test while sober. A skilled defense attorney can make this clear to a jury.
One Leg Stand Test
Similar to the nine-step walk and turn test, the one-leg stand test also has instruction and performance phases. The performance stage of this test requires the person to stand with one foot approximately 6 inches off the ground, straight out in front of them, for 30 seconds. Again, many people cannot perform such a test while sober and it is a poor indicator of sobriety.
The NTHSA also prescribes that officers administer these tests on a hard, dry, clean, non-slippery surface in a well-lighted area. Tests that are administered in less than standardized conditions adversely affect the results and thus the reliability of the tests.
As previously noted, you have the choice to refuse to undertake these tests. You should refuse to participate in tests designed to convict you.
Attorney Crouch represents clients in OUI and RMV proceedings in many courts around the state. It is crucially important for you to secure dedicated, skilled legal defense to protect your rights. Please contact Attorney Crouch at 617-742-4111 or email him at acrouch@andrewcrouch.com to set up a consultation.
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Field Sobriety Tests
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