Note: These article is for informational purposes only. Please consult your Stephen Jones for legal advice if you are facing issues with the OUI (also known as DUI) law in Massachusetts.

This article was reprinted with permission of TRIAL (March 1993)
Copyright the Association of Trial Lawyers of America

Recent scholarly studies have shown that field sobriety tests are not given uniformly, there is no scientific basis for assuming they are valid, and most officers either require the wrong tests or improperly instruct the suspect on how to perform the tests. A defense attorney can obtain a pre-trial ruling that the tests and their alleged indication of impairment must be excluded from evidence due to lack of scientific foundation and faulty instructions.

Any other "observation" evidence from a police officer will generally be inconclusive and subject to many interpretations by experts. For example, bloodshot eyes can be caused by conditions other than drunkenness, including contact lenses, allergies, or lack of sleep. The defense attorney should analyze the evidence that will likely be presented and take the time to investigate the medical background of clients and the environmental contaminants they have been exposed to. Most alleged evidence of intoxication can be neutralized or eliminated from the state's presentation with findings from this investigation.

The defense should leave no stone unturned. These cases require detailed investigation, as does a complex murder case that involves fiber evidence, ballistics tests, or other intricate issues. Attorneys who do not investigate thoroughly and defend the client aggressively do the client a disservice and expose themselves to possible liability. In addition, they harm the legal profession by failing to fully represent the client.