Field Sobriety Test Defense Lawyers in Worcester
Serving Worcester, Middlesex and Hampden Counties
Field sobriety tests are one of the first pieces of evidence police use to justify an OUI arrest, but they are also some of the easiest evidence to challenge. A field sobriety test defense lawyer can review exactly how your test was administered, since these tests must follow strict guidelines to be admissible in court. At Rudolf, Griffis, Ruggieri & Murray, our Worcester criminal defense lawyers investigate every case to determine whether a test was handled incorrectly, and where appropriate, we move to have the results suppressed.
Challenges To Breathalyzer & Field Sobriety Test Results
Breathalyzer and field sobriety tests must be administered correctly to be admissible in court. If the officer who conducted the test wasn’t properly trained on the equipment, or failed to observe you for the required 15 minutes before a breathalyzer test, we can move to suppress the results.
Factors we look at when challenging test results include:
- Defective test equipment: Equipment that hasn’t been properly maintained or certified.
- Improperly calibrated equipment: Breathalyzer devices require regular calibration to stay accurate.
- Physical factors: Metabolism rate, medical conditions, hiccupping, or vomiting during a test can all produce misleading results.
In Massachusetts, a blood alcohol content of .08 percent or higher is considered over the legal limit. For drivers under 21, that threshold drops to just .02 percent under the state’s junior operator law.
Challenging BAC Test Results
Blood tests are sometimes used to determine BAC, particularly after an accident. You can refuse to have blood drawn, though if you’re taken to a hospital, police may still be able to obtain a sample. Our attorneys review how each test was administered, since officers must be properly trained and roadside conditions must not interfere with the results.