Failed Field Sobriety Test Defense Attorneys
Our knowledgeable and experienced Greater Boston Drunk Driving Offense Lawyers assist clients throughout all of Massachusetts, including but not limited to Plymouth County including Brockton, Plymouth, Bridgewater, Hingham, Wareham, Middleboro; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Mansfield, Easton, Raynham; and Middlesex County including Cambridge, Lowell, Somerville, Newton, Framingham, Malden, Chelsea, Everett, Arlington, Medford and Waltham; and Essex County including Lynn, Lawrence and Salem; and the greater Greater Boston area including Revere, Dorchester and Roxbury.
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About the One Leg Stand Field Sobriety Test
A one leg stand is one of three main field sobriety tests Massachusetts law enforcement use as a means to measure any impairments a driver may have due to drinking or taking drugs.
Did you fail a one leg field sobriety test when you had not been drinking?
There are many reasons why people fail the one leg field sobriety test. Medical conditions, road conditions, and even not understanding the instructions can cause you to appear impaired even when you have not been drinking.
If you failed a field sobriety test for any reason we can help. For a free consultation contact a Brockton, MA drunk driving offense defense lawyer with a track record of success you can count on.
Once the officer has determined that the surface is level, hard, dry and adequately removed from traffic he may ask the suspect to perform the one leg stand test. Like the heel-to-toe test the one leg stand test consists of an instructional and demonstration phase and a performance phase. When the officer is instructing and demonstrating the test the suspect will be asked to stand with both feet together.
The subject will have to raise one foot approximately 6 inches off the ground, while keeping both arms straight at the sides. With toes pointed out and both legs straight, the driver will have to count out loud thirty seconds before bring the raised foot down.
The officers will look for four indicators of intoxication:
- Swaying back and forth while trying to maintain balance
- Using arms to maintain balance
- Hopping due to lack of balance; and/or
- Putting down the foot.
The subject will have failed if he or she puts his or her foot down three or more times during the thirty second time frame. If the officer notices two or more of these indicators then there is a sixty five percent chance that the test taker has a blood alcohol level .10 or higher.
The problem with one leg field sobriety tests is that there are other factors that cause coordination problems that can mimic intoxication:
- Poor lighting;
- The lights from a police car;
- Failure of the police officer to adequately explain or demonstrate the tests;
- Type of footwear;
- Medical conditions including ear infections, diabetes and seizure disorders;
- Physical problems, problems with eyesight;
- An unlevel, slippery or defective surface, weather, etc.; and
- Even being overweight.
Failed Field Sobriety Test Lawyers, Boston Area
We can help. For a free consultation contact a Boston area OUI/DWI lawyer with a track record of success you can count on. We look at all the facts of your case. If you failed a field sobriety test, but had not been drinking, we can develop a strong defense on your behalf.
More Information About Drunk Driving and Field Sobriety Tests in Massachusetts
