Facing a DWI charge in New York is a serious situation that can leave you feeling overwhelmed. If you’ve been pulled over and are suspected of driving under the influence, one of the first things law enforcement will often ask you to do is perform field sobriety tests. These tests play a significant role in determining whether or not an officer believes you are impaired, but it’s important to understand how they are used and how they can be challenged in a court of law.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Field sobriety tests are a series of physical and mental exercises that police officers use to determine if a driver is impaired by alcohol or drugs. These tests, while often viewed as an essential part of the process, are not perfect indicators of impairment and can be contested. This article will explain what these tests are, how they are used in New York DWI cases, and why they may not always be reliable in determining guilt.
What Are Field Sobriety Tests?
Field sobriety tests, often referred to as FSTs, are designed to measure a driver’s physical and cognitive ability to perform tasks. The tests are administered roadside after a driver is pulled over for suspected impairment. While officers may ask you to perform several different types of tests, three common ones are most frequently used: the Horizontal Gaze Nystagmus test, the walk-and-turn test, and the one-leg stand test.
The Horizontal Gaze Nystagmus test involves the officer asking you to follow an object with your eyes while they observe any jerking motion in your eyes. This involuntary eye movement can sometimes be more pronounced when someone is intoxicated.
I was advised by a mutual acquaintance to contact Mr. Pressman following my DWI that I received on December 28, 2015. This was the best advice that I could have been given. He was available immediately to speak with. I was put at ease after speaking with him. It was my first DWI and I had no idea what to expect. It was an isolated case of making a very foolish decision to drive. I had so much anxiety and fear of the unknown. Throughout my whole case Mr. Pressman was very reassuring and kept a positive attitude about what my outcome was going to be. He was available several times when I had random questions and never made me feel like an inconvenience. He was right! My case ended up being reduced to a violation from a misdemeanor and now I can finally begin to have my life back to normal. It was a hard lesson to learn but with the right attorney by your side the transition will be easier. Anita D.
In the walk-and-turn test, the officer asks you to take a series of steps along a straight line, turn around, and walk back. The purpose of this test is to observe your balance and coordination. The one-leg stand test asks you to stand on one leg while counting aloud. The officer is watching for signs of imbalance or an inability to perform the task.
While these tests aim to help the officer determine whether you are impaired, they are not always reliable indicators. Many factors, including your medical condition, fatigue, weather, or nervousness, can affect your performance. This means that even if you are not impaired, you could still fail these tests.
The Role of Field Sobriety Tests in New York DWI Cases
In New York, field sobriety tests are used by police officers to establish probable cause for a DWI arrest. If an officer believes you are too impaired to safely operate a vehicle, the field sobriety tests, along with other observations, can be used to justify an arrest. The results of these tests are often presented as evidence in court.
However, the field sobriety tests alone do not guarantee a conviction. In fact, there are several reasons why these tests might not be accurate. As mentioned, factors like medical conditions or the environment can affect a person’s ability to complete these tasks. Furthermore, if the officer doesn’t properly administer the test or follow the correct procedures, this could lead to a legal challenge.
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In New York, a conviction for DWI does not solely rely on field sobriety tests. The prosecution needs to prove beyond a reasonable doubt that you were operating the vehicle under the influence of alcohol or drugs. The chemical tests, such as breath, blood, or urine tests, provide stronger evidence of impairment compared to field sobriety tests. However, these tests are still a critical piece of the puzzle and can influence how the case unfolds.
Are Field Sobriety Tests Reliable?
Field sobriety tests are not foolproof. There are several reasons why the results of these tests can be challenged in court. One issue is that the tests are subjective and based on the officer’s interpretation of your performance. Officers are trained to watch for specific signs, but they are still human and can make mistakes.
Another problem is that field sobriety tests are not universally accurate. Medical conditions such as inner ear problems or leg injuries can interfere with your ability to perform the required tasks. Weather conditions, such as a slippery road, can make it difficult to maintain balance. Additionally, nervousness or fatigue may impair your ability to complete the tests, even if you are sober.
There is also the issue of officer training. Not all officers have the same level of experience when it comes to administering field sobriety tests. If an officer doesn’t follow proper procedures or misinterprets the results, this can lead to inaccurate conclusions.
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Challenging Field Sobriety Tests in Court
If you’ve been charged with a DWI in New York, your attorney may be able to challenge the results of the field sobriety tests. A skilled defense lawyer will look for any discrepancies in how the tests were administered and identify any factors that could have affected your performance. For example, if you can show that the officer failed to properly explain the instructions or administered the test under unsafe conditions, this could weaken the prosecution’s case.
In some cases, your attorney may argue that the officer did not have probable cause to pull you over in the first place. If the initial stop was unlawful, any evidence gathered after the stop, including the results of field sobriety tests, could be deemed inadmissible.
It’s also important to note that even if you fail a field sobriety test, this does not automatically mean you were impaired. There are many reasons why someone might fail a test while still being sober, and a good defense attorney can use this information to argue that the evidence is not conclusive.
What Should You Do If You Are Asked to Perform Field Sobriety Tests?
If you are stopped for suspected DWI in New York, you have the right to refuse to perform field sobriety tests. While refusal may make the officer more suspicious and could lead to further investigation, it cannot be used as evidence of guilt. The officer may still ask you to submit to a breathalyzer or other chemical tests, which are required by New York’s implied consent laws.
It’s important to remain calm and respectful if you are asked to perform the tests. If you are arrested, you have the right to request an attorney before answering any questions or providing further information. Having a lawyer on your side can ensure that your rights are protected and that you receive the best defense possible.
The Role of Field Sobriety Tests in Your DWI Defense
While field sobriety tests play a significant role in many DWI cases, they are just one aspect of the entire case. If you are facing a DWI charge in New York, it’s essential to work with an experienced attorney who understands the complexities of these cases. A lawyer can help challenge the results of the field sobriety tests and explore all available defense options to minimize the potential consequences.
At Arthur L. Pressman, Attorney at Law, we have extensive experience defending individuals against DWI charges. If you have been arrested for DWI in New York, don’t hesitate to contact our office for a consultation. We will carefully review your case, investigate the circumstances of the stop, and work hard to protect your rights and your future. Reach out today and take the first step toward a strong defense.