Is There A Defense Against The Field Sobriety Test?
There are defenses that can be used in a drunk driving case if field sobriety tests were used. First of all the police officer's perspective, whether or not the tests were fairly given, some tests are not given any merit whatsoever. It's going to depend on the officer's credibility, because usually those are not filmed. So the officer will come in and say that the person did a, b, or c, and maybe the defendant will say no, I did this or that. Well, it's your word against the police officer's. Whereas with the breathalyzer, it's even tougher, because you've got the machine.
What Should I Do If I've Been Pulled Over For Drunk Driving In Massachusetts?
I've seen a lot of cases that were originally drunk driving cases, where the person was pulled over, they overreacted, and try to outrun or out talk the police officer, and they end up making the case worse. What you should do is politely comply, not volunteer any statements or explanations like "I only had 2 beers, officer." You have a right to take or not take field sobriety tests and the breathalyzer test. If you refuse to take the breathalyzer test, you'll lose your license for a certain amount of time. But if you've been drinking and you take the breathalyzer test, you fail, and you get convicted of drunk driving, and you're going to lose your license for longer.
Will I Go To Jail For A Drunk Driving Conviction In Massachusetts?
In Massachusetts you could potentially go to jail if convicted for drunk driving. Usually, particularly in the first offense, there's a statutory provision, that would allow for you not going to jail, and not actually getting a guilty conviction. That will depend on the circumstances, your representation as well. But anything after that, you very easily could go to jail.
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