If you are pulled over under suspicion of operating under the influence (OUI), the officer will likely ask you to step out of the vehicle to perform a series of Field Sobriety Tests (FSTs). You might be asked to stand on one leg, walk in a straight line, or follow a pen with your eyes.
You may wonder if saying no to these tests can get you in more trouble. But in Massachusetts, the answer is more nuanced than in other states.
Right to refuse: FSTs are voluntary
Unlike the chemical breath test at the police station (which carries an automatic license suspension if refused) Field Sobriety Tests in Massachusetts are entirely voluntary. Under the state’s case law, the fact that you refused to perform these tests cannot be used against you in court as evidence of your guilt. The prosecution is generally prohibited from telling a jury that you “declined to perform the tests,” because the courts recognize your constitutional right against self-incrimination.
Practical consequences of refusal
While you have the right to say no, there are practical consequences to consider:
- Probable cause for an arrest: An officer does not need FST results to arrest you. If they smell alcohol, see bloodshot eyes, or hear slurred speech, they can still arrest you for OUI based on their observations alone.
- Lack of exculpatory evidence: In some cases, performing well on these tests is the only way to convince an officer that you are safe to drive. By refusing, you lose the chance to provide immediate “proof” of your sobriety at the scene.
It is important to remember that FSTs are highly subjective. Factors like uneven pavement, wind, uncomfortable shoes, or a simple inner-ear imbalance can make a sober person “fail.”
If you find yourself facing an OUI charge in Massachusetts, whether you took the tests or not, your first step should be consulting with a defense team that can create a thoughtful legal strategy.