College also holds several “coming of age” moments since it is when most students become old enough to drink alcohol legally. As you are on your way home from drinks with your friends, you may feel a sense of panic when there are flashing lights in your rearview mirror. You may wonder if a field sobriety test is something you can prepare for, like other tests.

Here’s what you should know about field sobriety tests and why practicing is not necessarily effective.

What are officers looking for?

Field sobriety tests analyze your reaction time and whether you can focus on more than one action at one time. For example, during the walk-and-turn test, an officer will look at whether you can walk at a steady pace, maintain your balance and count your steps according to their instructions.

Often, by the time an officer asks you to perform a field sobriety test, they are already reasonably sure you have had too much to drink. In many cases, the field sobriety test simply gives them more information before they request a breath, blood or urine test.

The test you can’t practice

While you may be able to practice your ability to walk heel-to-toe or stand on one leg, there is one test that does not rely on your ability to balance or follow directions. Instead, the horizontal gaze nystagmus test measures a common reflex in people who have had too much to drink.

The horizontal gaze nystagmus test looks at whether your eye does an involuntary twitch as you follow the path of an object with your eyes. This twitch is a reasonably reliable indicator that your blood alcohol content is too high.

Drunk driving charges can have a devastating effect on your life. If you are unsure if you have had too much to drink, it is always safer to call for a sober ride.

While you may not be able to control every choice your teen makes, you can help steer him or her in the right direction. The following suggestions can help you keep your teen from getting an underage OUI conviction. 

Set a good example

Of course, one of the best ways to teach your child the right thing is to lead by example. Limiting your consumption of alcohol and the availability of it in your household makes it harder for your teen to make the wrong decision. Even if you do have prior OUI convictions, you can explain your regret to your teen and showcase how you do not want him or her to go through the same consequences. 

Establish strict rules about alcohol consumption

Whether you take a stricter or more easygoing approach to parenting, it is always a good idea to set boundaries when it comes to substance use. Create a household policy about drinking alcohol. Your teen should know that underage drinking is not only against the law, but it is also against the household rules.

Explain the law

Do not assume your teen understands the seriousness of drinking and driving. Explain that an underage OUI conviction may result in a license suspension, attendance of an alcohol education program and the installation of an ignition interlock device. These penalties may deter your teen from getting behind the wheel after drinking. 

Encourage your teen to call for a ride if it is necessary

Everyone slips up. It is normal for a teenager to drink or be around friends who are drunk. While this may be upsetting, explain to your teen that you want him or her to call you or a ridesharing company in this type of situation, rather than drive drunk or be a passenger to a drunk driver.

For drivers under 21, OUI penalties are especially strict. Know what to expect if you are facing your first offense.

Blood alcohol content

Most drivers must exceed 0.08% on a blood alcohol test for an officer to consider them drunk. If you are underage, this number is much lower. A BAC of just 0.02% is enough for an initial arrest. This is due to the fact that a person under 21 should not have been drinking at all.

Stricter regulations mean that it is much easier for a young person to get caught driving under the influence. Though it depends on your weight, many people will test 0.02% after just one drink.

License suspension

Regardless of your age, a failed BAC test results in an automatic suspension of your license. The duration is 180 days for most drivers, but it extends even longer for underaged drivers experiencing their first offense.

Your license may remain suspended an extra six months if you are under 21. If you are under 18, it may be up to one year. Further, drivers who refuse to submit to a BAC test face even stiffer penalties. A first-time underaged driver can lose his or her license for up to three years.  

Education program

In the state of Massachusetts, officials use educational programs to help underaged drunk drivers. Completion of one of these programs is often a requirement for young offenders, but many are able to shorten suspension periods as a result.

Keep in mind that additional penalties may also include monetary fines or the installation of an ignition interlock device. The important thing to remember is that underaged drunk drivers are technically breaking two laws at once, which is why the punishments are often stricter. If you are facing a false accusation, it is important to fight back to avoid these consequences.

The OUI Commission was formed in accordance with the legalization law. It was assigned to study issues concerning driving while under the influence of drugs. These include the types of available drug testing, driver civil liberties, admissibility of evidence in court, police burdens and testing costs.

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In its recently issued report, the commission recommended applying the same open container law for alcohol to marijuana. Driving with an open container of alcohol, where the seal is broken and its contents are partially consumed, is illegal.

There are no similar laws against driving with an open container of marijuana. The commission said that this should be a civil infraction with a $500 penalty because a survey showed that high school students are more likely to smoke marijuana in a car.

Some experts and attorneys questioned enforcement of this recommended law. Some drivers may be carrying edibles or oils. Marijuana could have been left in a vehicle for weeks.

The commission also recommended that the state should suspend the license of a driver who refuses to submit to a roadside drug test. It suggested a 6-month suspension period which mirrors the suspension time for refusal to take a breathalyzer test for suspected drunk driving.

Other recommendations included requiring hospitals to draw blood when a blood test is administered on suspected drivers, setting the amount of compensation for this testing and providing for their immunity.

Electronic warrants should be utilized for obtaining a blood test. Currently, police must go to their station to complete a warrant and then to a clerk. This is potentially burdensome and the suspect’s body can process the drugs during that delay.

OUI and underage drinking suspects may be facing new laws that can have long-term consequences. They should seek immediate legal representation to assure that their rights are protected.

It is illegal for anyone under 21-years-old to drink alcoholic beverages in Massachusetts. Misrepresenting age or engaging in the age-old attempt of falsifying identification carries a $300 fine. State law has criminal penalties for the sale or delivery of alcoholic to minor under 21, which include a fine up to $2,000 and 6-months imprisonment.

Driving while impaired by alcohol also has criminal penalties. A first OWI conviction may be punishable by a $500 to $5,000 fine, one-year driver’s license revocation, up to two-and-half years imprisonment and mandatory rehabilitation.

Boston and many other cities in the state have their own regulations and ordinances forbidding the public consumption of alcoholic beverages or drinking alcohol on private property without the owner’s approval.

Pubic consumption of alcohol is also prohibited in state parks

Illegal consumption of alcohol can have disciplinary consequences for college students. State universities generally have rules prohibiting underage drinking, furnishing alcohol to minors or serving alcohol at social functions without approval.

Penalties generally increase with the number of violations. These may include fines, counseling, removal from campus, suspension and loss of fraternity charters. Alcohol may increase the penalties for other misbehavior, such as fighting. University officials may also report cases to police, especially if the drinking involves a serious crime such as sexual assault.

Being a student does not immunize students from criminal or disciplinary action which can impact their ability to finish college or get a job. Students accused of underage drinking or any offense involving alcohol should seek legal representation.

Massachusetts has the Social Host Law, which states knowingly providing alcohol to people under the age of 21 who are not your children is a punishable offense. There is an exception to this law stating parents and legal guardians can provide alcohol to a minor under their own roofs. That means parents could allow their underage children to have a sip of champagne or wine and would not face criminal charges. However, providing alcohol to anyone else will result in serious consequences. 

Punishments for such an offense

College students hosting parties where people will consume alcohol need to be certain they do not allow anyone younger than 21 to drink any. Upon a conviction, the person can face penalties of a fine up to $2,000 and jail time up to one year. It is also possible for the individual who furnished the alcohol to face a civil suit. For example, if a college student supplied alcohol to a minor, and that minor ended up crashing his car into someone else’s property, then the person who supplied the alcohol would hold some liability for the damage. 

Defenses for these charges

Under Massachusetts law, a DA needs to prove the person knowingly and intended to serve alcohol to minors. There are a variety of unique circumstances by which the person facing conviction could implement. For example, a college student or parent may supply alcohol to an individual with a fake ID. As a result, that person did not knowingly serve alcohol to a minor. 

Additionally, the owner of the premises may have been completely unaware alcohol was present in the home. Parents could have left for the weekend, and the underage children went out to purchase alcohol on their own. It is up to the DA to prove beyond a reasonable doubt the person intentionally supplied alcohol to minors.