DUI Attorney Joseph J Higgins Blog

Very simply put, you do not have to perform the field sobriety tests. In fact, in most situations it’s advisable that you not perform them.

When a client comes to me with a subsequent offense, I am often asked “Will the judge or jury know about my first one (or, “my other ones”)?” The answer is no—well, at least not right away. In Massachusetts, subsequent offense OUIs are handled in a bifurcated fashion.

In order for a police officer to stop you, he must first have (1) observed you commit a civil motor vehicle infraction (speeding, marked lines violation, etc.); or (2) reasonable suspicion to believe you have committed a crime, you are committing a crime, or you are about to commit a crime.