Field sobriety tests often play a major role in operating under the influence (OUI) prosecutions. Police officers use these roadside exercises to support claims that a driver was operating a vehicle while impaired, but these tests are rarely reliable. Medical conditions, age, fatigue, uneven pavement, weather conditions, and anxiety can affect performance. If you are facing OUI allegations, the results of these tests may become a central part of the prosecution’s case against you.
Working with a veteran DUI defense attorney early gives you an important advantage. Our lawyers immediately review whether the officer followed proper procedures for administering the tests and drew conclusions supported by the facts. We take control from the beginning and challenge evidence, including unreliable field sobriety tests in Lowell DUI cases.
In Lowell, prosecutors commonly use field sobriety tests as evidence in OUI cases under Massachusetts General Laws Chapter 90 § 24, which governs operating under the influence offenses. These field sobriety tests often include the walk-and-turn test, one-leg stand test, and horizontal gaze nystagmus evaluation.
Depending on the circumstances and the defendant’s prior record, a conviction can result in:
Driver’s license consequences can be severe and may extend for years. For non-citizens, an OUI conviction can also result in immigration consequences. Our lawyers analyze whether the officer conducted the testing process properly and whether the results accurately reflect impairment. Often, they do not.
Field sobriety evaluations in OUI cases in Lowell are highly subjective because officers often rely on personal observations when evaluating performance. Roadside impairment allegations frequently involve judgment calls rather than objective measurements. A driver may appear nervous, confused, tired, injured, or physically limited for reasons unrelated to alcohol or drug impairment.
Environmental conditions can also create problems and affect performance. These factors include:
These issues often become critical points of attack for the defense. Our defense team carefully examines body camera footage, police reports, and officer testimony to expose weaknesses in OUI-related evidence.
Our firm is led by three experienced criminal defense attorneys backed by a dedicated support staff. With more than 45 years of combined criminal law experience, we know how OUI cases in Lowell are investigated, how field sobriety test evidence is evaluated, and how prosecutors use that evidence to try to secure a conviction. Because each of our attorneys previously served as prosecutors, we know where to look for weaknesses in the government’s case.
Attorney Murat Erkan also served as counsel in Commonwealth v. Hallinan, the landmark Massachusetts Supreme Judicial Court case that opened the door for thousands of drivers to challenge OUI convictions involving unreliable breath test evidence. That experience reflects our firm’s deep knowledge of Massachusetts OUI law and our commitment to challenging questionable evidence wherever it appears.
The steps taken early in an OUI case can have a significant impact on the outcome. That is why we get involved as soon as possible, conducting our own investigation, challenging questionable evidence, and protecting our clients’ rights from the start.
If your case involves field sobriety tests, you need lawyers who understand both the science behind the tests and the legal issues surrounding their use. We prepare every case thoroughly, give clients honest advice about their options, and fight aggressively for the best possible result.
The sooner you have an attorney involved, the more opportunities there may be to protect your case. Evidence can change, witnesses’ memories can fade, and prosecutors begin building their case immediately. Having experienced counsel early on allows you to start responding instead of simply reacting.
If field sobriety tests play a role in your OUI case, our attorneys will closely examine how the tests were administered, whether proper procedures were followed, and whether the results are truly reliable. At Erkan & Sullivan, PC, we build defense strategies based on the facts of each case—not assumptions. Contact us today to discuss the role of field sobriety tests in Lowell DUI cases and learn how we can help you.