What Are Field Sobriety Tests, and How Are They Used in Brockton?
If you were stopped on Route 24, Route 123 (Belmont Street), Route 28 (Montello or Main Street), or Centre Street—or pulled over by local police in Brockton, Abington, Bridgewater, East Bridgewater, West Bridgewater, or Whitman—the officer almost certainly instructed you to step out of your vehicle to perform roadside Field Sobriety Tests (FSTs).
Field Sobriety Tests are divided-attention physical coordination drills standardized by the National Highway Traffic Safety Administration (NHTSA). Law enforcement uses these roadside exercises to collect visual evidence of alcohol or drug impairment to justify an OUI arrest.
In practice, roadside agility tests are highly subjective, heavily biased, and designed for drivers to fail. Uneven asphalt along city corridors, passing highway traffic on Route 24, flashing cruiser strobe lights, anxiety, medical limitations, and poor weather frequently cause sober individuals to show "clues" of impairment.
Where Is Your Brockton FST Evidence Evaluated?
All evidentiary challenges, officer cross-examinations, and suppression motions regarding field tests in northern Plymouth County are handled through:
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Courthouse Location: Brockton District Court, 215 Main Street, Brockton, MA 02301.
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Prosecuting Authority: Plymouth County District Attorney's Office (Motor Vehicle Division).
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Jurisdiction: Conducts pre-trial conferences, Motions to Suppress Exit Orders, motions in limine, and 6-person jury trials.
The 3 NHTSA Standardized Field Sobriety Tests Used in Massachusetts
NHTSA recognizes only three standardized roadside tests. Arresting officers look for specific designated "clues" during each:
|
Test Name & Category |
How the Test Is Administered |
Common "Clues" Officers Count Against You |
|
Horizontal Gaze Nystagmus (HGN) |
The officer positions a pen, stylus, or penlight 12–15 inches from your face, moving it horizontally while asking you to track it using only your eyes. |
• Lack of smooth pursuit. • Distinct nystagmus (involuntary eye jerking) at maximum deviation. • Jerking onset occurring prior to a 45-degree angle. |
|
Walk-and-Turn (WAT) |
You must take 9 heel-to-toe steps along an actual or imaginary straight line, execute a specific multi-step turn, and take 9 heel-to-toe steps back while counting out loud. |
• Breaking stance during instructions. • Stepping off the line or stopping to regain balance. • Missing heel-to-toe touches or turning incorrectly. |
|
One-Leg Stand (OLS) |
You must balance on one foot with the other foot raised approximately 6 inches off the pavement, keep your eyes on your foot, and count aloud until instructed to stop (30 seconds). |
• Swaying while balancing. • Using arms for balance (raising them more than 6 inches). • Hopping or putting the foot down. |
Non-Standardized Tests: Officers occasionally ask drivers to recite a portion of the alphabet (e.g., "start at E and stop at P") or count backward. Under Massachusetts case law, these non-standardized exercises carry far less evidentiary value in court.
Can You Legally Refuse Field Sobriety Tests in Massachusetts?
YES. You have the absolute legal right to refuse roadside Field Sobriety Tests in Massachusetts.
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No RMV License Suspension for Refusing FSTs: Massachusetts Implied Consent statutes (M.G.L. c. 90, § 24) apply solely to chemical breath or blood testing at the station. Declining physical roadside agility tests does not trigger an automatic driver's license suspension.
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100% Inadmissible at Trial: Under Article 12 of the Massachusetts Declaration of Rights (Commonwealth v. McGrail), your refusal to perform field sobriety exercises cannot be introduced as evidence against you in court. Prosecutors and police officers are strictly prohibited from telling the jury that roadside tests were offered or refused.
How We Fight Field Sobriety Test Evidence in Brockton District Court
If you attempted field sobriety tests before your arrest, our defense team works to dismantle the Commonwealth's roadside claims:
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Challenging the Exit Order (Commonwealth v. Blais): Police cannot order you out of your car based on a routine traffic infraction. We file motions to suppress all downstream evidence if officers lacked articulable reasonable suspicion of intoxication before ordering you out.
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Exposing NHTSA Protocol Deviations: NHTSA testing criteria state that if an officer alters or fails to follow standardized instructions, the validity of the results is compromised. We cross-examine officers on their manual training to expose errors.
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Barring HGN Eye Test Evidence (Commonwealth v. Sands): Under Massachusetts law, HGN test results cannot be admitted without specialized expert scientific testimony, which prosecutors rarely produce in District Court.
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Subpoenaing Dash-Cam & Body-Cam Video: We compare written police arrest narratives against objective cruiser dash-cam or booking video feeds to prove you followed instructions and maintained composure.
Contact Our Massachusetts OUI Defense Team Today
The Law Offices of Kensley Barrett
📍 Massachusetts Office: 572 Washington Street, Suite 21, Wellesley, MA 02482
📞 Call Now: (857) 229-2442
🌐 Website: www.krbarrettlaw.com
