New York Field Sobriety Test Lawyer

Let Our Firm Challenge the Results of the Field Sobriety Tests

At Barket Epstein Kearon Aldea & LoTurco, LLP, we understand the profound impact a DWI charge can have on your life. If you've been subjected to field sobriety tests in New York, you need experienced legal representation to evaluate the evidence and protect your rights. Our skilled attorneys are here to provide guidance and build a strong defense tailored to your situation.

We are ready to defend your rights and freedom, contact us today at (888) 779-0267.

What is a Field Sobriety Test?

A field sobriety test (FST) is a series of physical and cognitive exercises administered by law enforcement officers to assess whether a driver may be impaired by alcohol or drugs. These tests are typically conducted during traffic stops when an officer suspects a driver is under the influence.

The goal of an FST is to evaluate a driver’s coordination, balance, and ability to follow instructions—skills that are often impaired by alcohol or drugs. However, these tests are subjective and can be influenced by various factors, such as medical conditions, nervousness, or environmental conditions.

Common Types of Standardized Field Sobriety Tests

The National Highway Traffic Safety Administration (NHTSA) has approved three standardized field sobriety tests (SFSTs) to evaluate impairment:

Horizontal Gaze Nystagmus (HGN) Test

This 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 can indicate impairment. While the HGN test is widely used, its reliability can be challenged based on improper administration or other medical conditions affecting eye movement.

Walk-and-Turn (WAT) Test

The walk-and-turn test requires the driver to take nine heel-to-toe steps along a straight line, turn on one foot, and return in the same manner. The officer looks for signs of impairment, such as losing balance, stepping off the line, or failing to follow instructions.

One-Leg Stand (OLS) Test

In this test, the driver must stand on one leg while counting aloud for about 30 seconds. Indicators of impairment include swaying, hopping, putting the foot down, or using arms for balance.

While these tests are standardized, their accuracy depends heavily on the officer’s training and adherence to proper procedures.

Other Types of FSTs

In addition to standardized tests, officers may administer non-standardized field sobriety tests. These tests lack the scientific validation of the NHTSA-approved methods and include exercises such as:

• Finger-to-Nose Test: The driver must touch their nose with their fingertip while keeping their eyes closed.
• Counting or Recitation Tests: The driver may be asked to count backward or recite the alphabet without singing.
• Rhomberg Balance Test: This involves standing still with eyes closed and estimating the passage of 30 seconds.

Non-standardized tests are even more subjective and prone to errors, making them easier to challenge in court.