Driving while intoxicated (DWI) cases in New York often hinge on the evidence gathered during a traffic stop. One crucial component of this evidence is the field sobriety test (FST). These tests are designed to assess a driver’s level of impairment and provide law enforcement officers with a basis for arresting individuals suspected of driving under the influence. Understanding the role of field sobriety tests in DWI cases is vital for anyone facing such charges in New York, as well as for the general public to be aware of their rights and the implications of these tests.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
The Purpose and Types of Field Sobriety Tests
Field sobriety tests serve multiple purposes. Primarily, they help police officers determine whether there is probable cause to arrest a driver for DWI. These tests are standardized and endorsed by the National Highway Traffic Safety Administration (NHTSA), providing a structured method for assessing a driver’s physical and cognitive abilities. The three standardized tests commonly used are the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn (WAT), and the One-Leg Stand (OLS).
The Horizontal Gaze Nystagmus test involves the officer observing the driver’s eyes as they follow a moving object, such as a pen or flashlight. The officer looks for involuntary jerking of the eyes, which becomes more pronounced when a person is impaired by alcohol. This test is considered to be quite reliable in indicating alcohol impairment.
The Walk-and-Turn test requires the driver to take nine steps, heel-to-toe, along a straight line, turn on one foot, and return in the same manner. The officer looks for signs of impairment such as inability to maintain balance, starting before the instructions are finished, and taking an incorrect number of steps.
The One-Leg Stand test involves the driver standing on one leg while counting aloud by thousands until told to stop. The officer observes for swaying, using arms for balance, hopping, or putting the foot down, all of which may indicate impairment.
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.
The Reliability and Limitations of Field Sobriety Tests
While field sobriety tests are widely used, their reliability can be a point of contention in DWI cases. These tests are designed to be accurate indicators of impairment when administered correctly. However, various factors can affect their reliability. For instance, certain medical conditions, fatigue, nervousness, or even weather conditions can influence a person’s performance on these tests.
Moreover, the accuracy of field sobriety tests heavily depends on the officer’s adherence to standardized procedures. Any deviation from these procedures can compromise the validity of the test results. Therefore, it is not uncommon for defense attorneys to challenge the administration and interpretation of field sobriety tests in court, arguing that the tests were not conducted properly or that the results were influenced by factors other than alcohol impairment.
Legal Implications of Field Sobriety Tests in New York
In New York, refusing to participate in field sobriety tests can have significant legal consequences. Although there is no statutory penalty for refusing these tests, such refusal can be used against a driver in court. Prosecutors may argue that the refusal indicates consciousness of guilt. This argument can be persuasive to a judge or jury, potentially influencing the outcome of the case.
On the other hand, participating in field sobriety tests and failing them provides direct evidence that can be used by the prosecution to establish probable cause for an arrest and to support a DWI charge. However, this evidence can be contested. An experienced attorney can question the conditions under which the tests were administered, the officer’s training and experience, and the subjective nature of the test interpretations.
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Defending Against Field Sobriety Test Evidence
When facing DWI charges in New York, one of the primary strategies for defense is to challenge the field sobriety test evidence. This can be approached from several angles. An attorney might argue that the tests were administered improperly, pointing out deviations from standardized procedures. They might also present evidence of alternative explanations for the driver’s performance on the tests, such as medical conditions, physical disabilities, or environmental factors.
In some cases, testimony might be introduced to explain the limitations and potential inaccuracies of field sobriety tests. The testimony of individuals with extensive knowledge in this area can be instrumental in casting doubt on the reliability of the tests. This can be particularly effective if the individual can demonstrate that the conditions under which the tests were administered were less than ideal.
Additionally, cross-examining the arresting officer can uncover inconsistencies in their report or testimony. This can highlight discrepancies in the officer’s account of the traffic stop, the administration of the tests, or their observations of the driver’s behavior. Such inconsistencies can weaken the prosecution’s case and strengthen the defense.
The Role of Legal Representation in DWI Cases
Navigating a DWI case in New York can be complex and daunting, especially given the potential consequences of a conviction. This is why having knowledgeable legal representation is crucial. A well-versed attorney can thoroughly investigate the circumstances of the traffic stop and the administration of the field sobriety tests. They can identify any procedural errors or factors that could undermine the validity of the test results.
Furthermore, an attorney can negotiate with prosecutors to seek reduced charges or alternative sentencing options, such as participation in a DWI education program. In some cases, it may be possible to have the charges dismissed altogether if the evidence is found to be insufficient or unreliable.
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Importance of Understanding Your Rights
Understanding your rights when stopped for a suspected DWI in New York is essential. You have the right to remain silent and to refuse to answer questions beyond providing basic identification information. While refusing to take field sobriety tests does not carry statutory penalties, it is important to know that such refusal can still impact your case.
It is also important to understand that you have the right to legal representation. If you are arrested for DWI, you should request to speak with an attorney as soon as possible. An attorney can provide guidance on how to proceed and help protect your rights throughout the legal process.
Consequences of a DWI Conviction in New York
The consequences of a DWI conviction in New York can be severe. They include fines, license suspension or revocation, mandatory alcohol education programs, and even jail time. The severity of the penalties depends on various factors, such as the driver’s blood alcohol content (BAC) level, whether there were prior DWI convictions, and whether any aggravating factors were present, such as causing an accident or driving with a child in the vehicle.
Contact Us Today
If you are facing DWI charges in New York, it is crucial to seek professional legal assistance to navigate the complexities of your case. Arthur L. Pressman, Attorney at Law, has extensive experience in defending clients against DWI charges and challenging the validity of field sobriety tests. With a thorough understanding of New York’s DWI laws and a commitment to protecting your rights, Arthur L. Pressman will work diligently to achieve the best possible outcome for your case.
Do not let a DWI charge derail your life. Contact Arthur L. Pressman, Attorney at Law, today for a consultation and take the first step towards defending your rights and securing your future.