New York Field Sobriety Tests
In New York, when a law enforcement agents pulls a driver over on suspicion of DWI (driving while intoxicated, he or she will ask the driver to perform a series of field sobriety tests, and to submit to a breath test.
Field sobriety tests are essentially physical agility exercises. Developed by the National Highway and Traffic Safety Administration, or NHTSA, these tests are designed to determine whether or not a person is impaired by alcohol and/or drugs.
What most people do not know, and what the officer won’t tell them, is that field sobriety tests are optional. It is not illegal to politely decline to take the tests.
Many of these tests are designed to check the driver’s “divided attention,” a skill that is necessary to operate a motor vehicle. However, there are many reasons that a person would not be able to perform these tests to the officer’s satisfaction. Foot and leg problems and a person’s weight can make it difficult to pass a test.
One test that the officer may ask the driver to perform is the walk-and-turn test. The driver must take nine heel-to-toe steps along a line, then turn and take nine more heel-to-toe steps back. The officer will watch to make sure the driver can keep his or her balance, follow instructions, and complete the entire test.
Standing on one leg is another test the officer may administer. The driver will be told to stand with his or her heels together, arms at the side, and then raise one leg six inches off of the ground while counting out loud until told to stop. During this test, the officer is looking to see if the driver raises his or her arms, sways, hops, puts the foot down early, or has body tremors.
The nystagmus test is not a divided attention test. During this test, the officer will ask the driver to follow a small object, such as a pen, with his or her eyes. The officer is watching the driver’s eyes for involuntary jerking of the eyes. Jerking or trembling can be a sign of intoxication. However, this jerking can also be a sign of many other physical problems.
If you were asked to take one of these tests, and arrested, you need a DWI attorney on your side. To find a qualified attorney in New York, you can fill out our online form today and an attorney will contact you to discuss your options.
