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Field Sobriety Tests

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Field Sobriety Tests

Should I take the Field Sobriety Tests?

You have a right to refuse to take field sobriety tests. If you have been drinking and believe you would fail the tests even sober because of the shoes you have on, your lack of coordination, your weight or pre-existing injury then it is best to politely refuse to take the tests.

By refusing you are giving the prosecutor less evidence to convict you. Always be polite act like a gentleman or lady and do not sway or use the car to gain your balance. You have no obligation to perform field sobriety tests; your refusal to perform these tests is inadmissible against you at trial.

The tests are basically useless in detecting intoxication, they test balance and memory and ability to listen and perform physical tasks under a high pressure environment more than anything. By refusing them the prosecutor can’t argue that you failed them. Remember refuse them politely and request to speak with your attorney. If you are rude the Jury or Judge will be told exactly what you said or did which can be worse than failing any type of test.

National Highway Traffic Safety Administration (NHTSA). Teaches police “Standardized Field Sobriety Tests” The way police instruct suspects to perform these tests and how they interpret and/or grade the performances varies widely and should be challenged by an experienced OUI attorney.

Types of Field Sobriety Tests

  1. Heel-to-Toe or Walk-and-Turn
  2. One Leg Stand
  3. Horizontal Gaze Nystagmus
  4. Finger-to-Nose “Test”

What are the police looking for on the road when it comes to drunk drivers?

The National Highway Traffic Safety Administration (NHTSA) compiled a list of symptoms exhibited by drunk drivers.

  1. Turning with a wide radius
  2. Straddling center of lane marker
  3. Appearing to be drunk
  4. Almost striking object or vehicle
  5. Weaving
  6. Driving on other than designated highway
  7. Swerving
  8. Speed more than 10 mph below limit
  9. Stopping without cause in traffic lane
  10. Following too closely
  11. Drifting
  12. Tires on center or lane marker
  13. Braking erratically
  14. Driving into opposing or crossing traffic
  15. Signaling inconsistent with driving actions

When an officer approaches me after stopping me, what is he looking for?
The Massachusetts police academy teaches its cadets that symptoms of intoxication are:

  1. Flushed face
  2. Red, watery, glassy and/or bloodshot eyes
  3. Odor of alcohol on breath
  4. Slurred speech
  5. Fumbling with wallet trying to get license
  6. Failure to comprehend the officer’s questions
  7. Staggering when exiting your vehicle
  8. Swaying/instability on feet
  9. Leaning on car for support
  10. Combative, argumentative, jovial or other “inappropriate” attitude
  11. Soiled, rumpled, disorderly clothing
  12. Stumbling while walking
  13. Disorientation as to time and place
  14. Inability to follow directions

For more information about this charge please call criminal defense attorney Frank Fernandez for a free consultation.

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Probably one of the best lawyers in the area. He’s considering all the nuances of a case and It’s clearly seen he’s fighting for the best possible result. Some people thing a success is a matter of luck, but i know it’s a result of patience and hard work that Mr Fernandez does provide by his job.
Russell Glaz
Russell Glaz
16:27 15 Feb 19
If you find yourself needing a lawyer, Frank is your guy. Right from the very first phone call (which he answered, not a call center) he made me feel comfortable and gave me great advice. He was very professional, did a great job explaining everything to me, and really listened to what I had to say (which helped me calm down in a stressful situation). Very happy I chose to work with Frank, he made a tough situation the easiest it could be. Also - added bonus for some - he's fluent in Spanish! Thanks again Frank.
Meg Gaff
Meg Gaff
19:46 17 Dec 18
I would 100% recommend The Fernandez Firm to anyone looking for a Boston lawyer. Frank is kind and patient, really making things go smoothly when you need them to most. Thanks to The Fernandez Firm for all your help, i highly recommend your services.
Evan Matthews
Evan Matthews
16:55 13 Jul 18
I needed a criminal lawyer here in Boston, and needed one quickly. After doing something stupid that would have costed me my scholarship, I called The Fernandez Firm and got legal advice from Mr. Fernandez. I was so worried at first but after talking to Mr. Fernandez I felt so much better and knew it could be dealt with properly. Thanks for taking the time to figure out my case exactly.
Alex Dueckson
Alex Dueckson
21:41 10 Jul 18
I needed discretion and someone professional to take care of things quickly and quietly. Attorney Frank Fernandez did exactly that. Thanks for taking my case and helping me get my life back.
Evelyne Ivy
Evelyne Ivy
01:31 03 Jun 18
What a relief. That's all I have to say! Almost speechless with how happy I am that Frank Fernandez is the boston lawyer that I ended up calling. I was in a jam, googled for a lawyer and up came Frank Fernandez. Right away I knew I had made the right decision. He is such a friendly and personable guy, he really put me at ease with everything that was going on. I will certainly be returning to Frank for any legal needs I have. And even more so recommend him to anyone in Boston who needs a lawyer. Thanks again Frank Fernandez, I owe you big time.
Tricia Kendall
Tricia Kendall
21:56 02 Jun 18
Oh my God, how and where do I start from?Infact Attorney Frank Fernandez is just an amazing human being, strictly professional with a lot of sympathy for me as his Client.He gave me his cell phone number before even accepting to take the case. He spoke to me in a very pleasant manner and took care of my case within hours. His Fees was the lowest that I was quoted and after resolving my case he returned my unused balance of funds back to me.I sincerely thank and appreciate God for leading me to such a wonderful kind hearted Attorney like Barrister Fernandez.Thanks so much Sir, I really really really appreciate all your help, God bless you sir.My prayers for you is that God will send you plenty of cases and good & adequate help to keep you flying high in your profession.Remain blessed Sir, I appreciate you.
martin o
martin o
17:57 21 May 18

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Would you like to speak to one of our law advisers over the phone? Just submit your details and we’ll be in touch shortly. You can also email us if you would prefer.

Would you like to speak to one of our law advisers over the phone? Just submit your details and we’ll be in touch shortly. You can also email us if you would prefer.