Can I Refuse Field Sobriety Tests?

In Massachusetts a person suspected of drunk driving will regularly be asked to perform a series of field sobriety tests. These are administered by a police officer at the roadside.
THE PERSON STOPPED WILL NOT BE TOLD THAT THEY HAVE AN ABSOLUTE CONSTITUTIONAL RIGHT TO REFUSE TO SUBMIT TO COORDINATION TESTING. By then agreeing the driver will be voluntarily providing the officer with evidence that can be used in a court of law to convict them. If stopped we recommend you politely decline this type of testing. 

There are many reasons to decline the test. Generally, the driver will be nervous and distracted while his mind wonders about the potential consequences of the traffic stop. Since one of the criteria used by the police is a persons ability to follow complicated instructions on how to exactly perform the test, the likelihood of innocently making a mistake is high. The tests really do not test sobriety but a persons coordination. Younger people will do better then older people. Fit people will also perform better. Additionally, the federal National Highway Safety Commission has authorized a standardized series of field sobriety tests to be administered. Many police department do not use them. They also do not necessarily train their officers in precisely how to administer or interpret the tests. There is no standardized procedure for determining whether someone has passed, or failed, the test. There is no grade given. It is entirely up to the field officer to make conclusions based on his observations. Since drinking and driving is not per se illegal, it is only illegal when you have consumed so much alcohol that your ability to safely operate you vehicle has been impaired, the line between what is permissible and what is illegal can be hard to determine. The best course of action is to politely decline the testing altogether.

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