Field sobriety tests are essential tools used by law enforcement officers to determine whether a driver is under the influence of alcohol or drugs. In New York, these tests are designed to assess a person’s physical and cognitive abilities, providing evidence that can be used in court to support a charge of driving while intoxicated (DWI) or driving under the influence (DUI). Understanding the common types of field sobriety tests used in New York can help individuals better navigate the legal implications of such charges and prepare for potential defenses.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Horizontal Gaze Nystagmus (HGN) Test
The Horizontal Gaze Nystagmus test is one of the most widely used field sobriety tests in New York. This test involves the officer observing the suspect’s eyes as they follow a slow-moving object, such as a pen or flashlight, horizontally across their field of vision. The officer looks for involuntary jerking of the eyes, which becomes more pronounced when a person is under the influence of alcohol. The logic behind this test is that alcohol consumption impairs the brain’s ability to control eye muscles, leading to nystagmus, or the involuntary jerking movement.
During the HGN test, the officer will instruct the driver to keep their head still and follow the object with their eyes only. The officer observes the smoothness of the eye movement, noting any distinct and sustained nystagmus at maximum deviation, as well as the angle at which the nystagmus begins. If the officer detects these signs, it may indicate that the driver has a blood alcohol concentration (BAC) above the legal limit. However, it is important to note that while the HGN test can provide strong indications of impairment, it is not foolproof. Certain medical conditions, medications, and even fatigue can cause nystagmus, potentially leading to false positives.
Walk and Turn (WAT) Test
The Walk and Turn test is another common field sobriety test used by New York law enforcement. This test requires the suspect to take nine heel-to-toe steps along a straight line, turn on one foot, and then take nine heel-to-toe steps back. The officer will provide specific instructions and demonstrate the test before asking the suspect to perform it. The Walk and Turn test assesses the driver’s balance, coordination, and ability to follow instructions, all of which can be impaired by alcohol consumption.
During the test, the officer will observe several indicators of impairment, such as the inability to maintain balance while listening to instructions, starting the test before the instructions are completed, stopping while walking, failing to touch heel-to-toe, stepping off the line, using arms for balance, making an improper turn, and taking an incorrect number of steps. If the suspect exhibits two or more of these indicators, it suggests that their BAC is above the legal limit. However, various factors, such as age, weight, physical disabilities, and nervousness, can affect performance on this test, making it essential for the defense to scrutinize the conditions under which the test was administered.
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One-Leg Stand (OLS) Test
The One-Leg Stand test is used to evaluate a suspect’s balance and coordination, which can be compromised by alcohol or drug impairment. In this test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (one thousand-one, one thousand-two, etc.) until told to put the foot down. The officer times the test for 30 seconds while observing the suspect for specific signs of impairment.
The officer will look for indicators such as swaying while balancing, using arms to maintain balance, hopping, or putting the foot down. If the suspect exhibits two or more of these signs, it suggests impairment. Similar to other field sobriety tests, factors like age, physical condition, and even footwear can influence the results. The defense may argue that these external factors, rather than alcohol or drugs, were responsible for the suspect’s inability to perform the test satisfactorily.
Finger-to-Nose Test
The Finger-to-Nose test is another field sobriety test that assesses a suspect’s coordination and ability to follow instructions. In this test, the suspect is asked to close their eyes, tilt their head back, and extend their arms to the sides. The officer then instructs the suspect to touch the tip of their nose with the tip of their index finger, alternating hands on each attempt. The officer observes the accuracy and smoothness of the suspect’s movements, looking for signs of impairment.
The test is designed to evaluate the suspect’s ability to follow directions and control their motor functions. An impaired individual may have difficulty touching their nose accurately, may miss the tip of their nose, or may display tremors or other signs of unsteady movements. While this test can be indicative of impairment, it is not as commonly used as the HGN, Walk and Turn, or One-Leg Stand tests due to its subjective nature and the potential for external factors to influence performance.
Alphabet Test and Counting Test
In addition to the physical coordination tests, officers in New York may also use cognitive tests like the Alphabet Test and Counting Test to assess a suspect’s mental faculties. In the Alphabet Test, the officer instructs the suspect to recite a portion of the alphabet, typically starting from a letter other than A and stopping at a specified letter. This test evaluates the suspect’s ability to follow instructions and concentrate, both of which can be impaired by alcohol.
Similarly, the Counting Test requires the suspect to count backward from a specified number or count forward by a certain increment, such as by twos or threes. The officer observes the suspect’s ability to follow the counting pattern and maintain focus. Mistakes, pauses, or other signs of difficulty can indicate impairment. These cognitive tests, while less physically demanding, can provide valuable information about the suspect’s mental state and potential impairment.
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The Role of Field Sobriety Tests in DWI Cases
Field sobriety tests play a crucial role in DWI cases in New York, providing law enforcement officers with immediate, observable evidence of impairment. The results of these tests are often used in conjunction with other evidence, such as breathalyzer or blood test results, to build a case against the suspect. However, it is important to understand that field sobriety tests are not infallible. Various factors, including medical conditions, physical limitations, nervousness, and even the testing environment, can influence a suspect’s performance.
Defense attorneys often challenge the administration and interpretation of field sobriety tests, arguing that the tests were not conducted properly or that the results were affected by external factors. It is crucial for individuals charged with DWI to seek legal representation to examine all aspects of their case, including the validity of the field sobriety tests conducted.
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Legal Representation for DWI Charges
If you are facing DWI charges in New York, it is essential to understand your rights and the potential defenses available to you. Field sobriety tests are just one piece of evidence that can be used against you, and challenging their validity can be a key part of your defense strategy. An attorney can help you navigate the complexities of your case, identify weaknesses in the prosecution’s evidence, and advocate for the best possible outcome.
At Arthur L. Pressman, Attorney at Law, we understand the serious consequences that DWI charges can have on your life. Our experienced legal team is dedicated to providing personalized, effective representation to help you fight these charges. We will thoroughly investigate the circumstances of your arrest, scrutinize the administration of field sobriety tests, and work tirelessly to protect your rights. Contact us today for a consultation and let us help you build a strong defense.