In Massachusetts there are three certified tests that are done by police. You do not need to consent to performing these tests. The police officer doesn’t need to tell you that you can refuse the tests either. The three tests that are done are the Horizontal Gaze Nystagmus (HGN), 9 step walk and turn and one legged stand.
These are also called divided attention tests. Essentially, these tests require the DUI suspect to concentrate on two things at home time. The idea is that in order to operate a car safely, a DUI suspect must be able to do multiple things in a car at one time. For example, a DUI suspect may be required to use a directional, look at a mirror, put on the wipers and turn the wheel all at the same time.
In short, the DUI suspect must be required to appropriately to constantly changing environment. For example, if the DUI suspect sees a kid running into the street, the DUI suspect needs turn the car to avoid the child. The police believe even while intoxicated a DUI suspect may be able to handle one task fairly well. So the DUI suspect may be able to drive straight as long as the road stays straight.
Call Attorney Jason Chan to talk about your case today at 508-808-8902.