Does Massachusetts law allow police officers to perform field sobriety tests on private property? -- (Posted anonymously on the Forum Chat Room.)
(Attorney Ellen Shimer-Brenes posted the following response.) “Yes, a field sobriety test can be conducted on private property, only if you were suspected of driving under the influence of intoxicating liquor on a public way/street. This makes perfect sense, because anyone who is driving while intoxicated could simply pull in to any private lot and say, "ha ha you can't get me!’”
The Editor also notes that both field sobriety tests and breathalyzer tests are voluntary, in the sense that the driver may refuse to take them and that refusal cannot be admitted as evidence in court. However, drivers should be aware that under Massachusetts law, when you obtain a driver's license, you consent to taking the breathalyzer. If you subsequently refuse to take the test, your driver's license will be taken away for at least ninety days.
For more information or to post a question, visit our MA Criminal Law Discussion Forum.