Field
Sobriety Tests in New York
Field Sobriety Tests in New York
Most people have heard of field sobriety tests and know that they are used by law enforcement to estimate the Blood Alcohol Content (BAC) of an individual. However, what many don’t know is that these tests are not as accurate as law enforcement would make them out to be and that you are not required by law to submit to a field sobriety test.
If you have been charged with a DUI/DWI, let the Law Offices of Robert Tsigler, PLLC defend your rights! New York DUI Attorney Robert Tsigler can examine your charges and challenge the evidence against you. With years of experience, and thousands of clients helped, our DWI legal team can fight for you.
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Types of Field Sobriety Tests
When an individual is pulled over on suspicion of DUI/DWI, an offer typically administers a field sobriety test. Although research has shown that these tests have a mere 80% accuracy rate at best, they continue to be held up as evidence against drivers. Our team can meticulously investigate the findings of these tests and uncover any mistakes that the police officer may have made while administering the tests.
The three main tests that are regularly administered include:
- Horizontal Gaze Nystagmus Test: This test requires the suspect to follow the movement of the officer’s pen, finger, or another object as he or she holds it out at arm’s length and moves it across the suspect’s field of vision horizontally. The offer is looking for involuntary jerking movements of the eyeball that can be marked down as evidence of intoxication.
- Walk-and-Turn Test: This test requires the suspect to walk, heel to toe, for nine steps in a straight line before pivoting and walking back the same way. If the suspect wobbles, starts too early, or can’t walk in a straight line, it may be used as evidence against him or her.
- One Leg Stand Test: This test requires suspects to balance on one foot for 30 seconds, keeping their arms by their sides. The inability to complete this test or the presence of irregular movement may be marked down as evidence of intoxication.
The results of these tests do not take into account factors such as age, weight, or underlying medical conditions that would cause irregular eye movements or instability.
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