New York Field Sobriety Test Lawyer

Getting pulled over for suspected drunk driving is scary. The flashing lights in your rearview mirror make your heart race. What happens next can impact your freedom, your driving privileges, and your finances for years to come. Having an experienced New York field sobriety test lawyer on your side can make all the difference.

This guide will walk you through what to expect during a traffic stop for suspected DUI in New York, your rights and options when asked to take field sobriety tests, and how an attorney can defend your rights every step of the way. We’ll also share tips from top New York DUI lawyers for how to handle yourself during a traffic stop and investigation to protect your rights.

What to Expect During a DUI Traffic Stop

If a police officer pulls you over and suspects you of driving under the influence, here are some common next steps in New York:

The officer will ask you if you’ve been drinking. Be polite but do not answer questions without your attorney present. They may ask you to take a preliminary breath test at roadside. You can refuse this voluntary test. The officer will likely ask you to perform field sobriety tests like walking heel-to-toe in a straight line. You can refuse to take these voluntary tests. If the officer believes you are impaired, they can arrest you and take you to the station for additional chemical testing of your blood, breath, or urine.

While field sobriety tests are technically “voluntary,” refusing to take them can lead the officer to conclude you’re intoxicated. That’s why it’s important to have legal guidance on exercising your rights.

Your Rights Regarding Field Sobriety Tests

Under New York law, you have the right to refuse to take field sobriety tests like the walk-and-turn and the one-leg stand test. You cannot face additional penalties for refusing to take them.

However, the police can still use your refusal as evidence that you likely failed the tests and have something to hide. Refusing the tests also gives officers reason to take you into custody for additional DUI testing at the station.

That’s why the decision on whether or not to take field sobriety tests is a judgment call best made with guidance from an attorney. An experienced lawyer can walk you through the pros, and cons so you can make an informed decision.

Common Field Sobriety Tests

Here are some of the most common field sobriety tests officers ask drivers to perform roadside:

Horizontal Gaze Nystagmus (HGN): The officer moves a pen or light side-to-side and watches your eye movements for involuntary jerking, which can indicate intoxication. This test can’t be refused in New York. Due to officers consider it a medical assessment, not a mental coordination test.

Walk-and-Turn: You walk heel-to-toe in a straight line for nine steps, pivot, and walk back nine steps the same way while counting out loud.

One-Leg Stand: Standing with your feet together and arms at your sides, you raise one foot about six inches off the ground and count aloud until told to stop.

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Even when completely sober, many drivers exhibit signs during field sobriety tests which officers may claim indicate intoxication. Nervousness, minor mistakes in coordination or counting, or medical conditions like inner ear problems can all impact test performance.

Legal Scenario: What Would You Do?

Scenario

You were pulled over late at night after leaving a restaurant in Manhattan, and the officer asked you to perform a series of field sobriety tests on the sidewalk. You felt nervous and unsteady due to the cold weather and uneven pavement, and the officer said you failed the walk-and-turn and one-leg stand tests.

Can the results of those roadside field sobriety tests really be used against me in court, and do I have any way to challenge them?

Attorney's Answer

Field sobriety tests are not nearly as reliable as prosecutors want juries to believe. Under New York law, these tests are voluntary — you are not legally required to perform them, and refusing carries no automatic penalty unlike refusing a chemical breath test under VTL § 1194. The National Highway Traffic Safety Administration's own research shows that the walk-and-turn test is only 68% accurate and the one-leg stand is only 65% accurate even under ideal conditions, and factors like uneven pavement, poor lighting, cold weather, and nervousness can all produce false indicators of impairment. An experienced defense attorney can challenge the officer's administration of the tests, the conditions under which they were conducted, and whether the officer was even properly trained and certified to evaluate standardized field sobriety testing.

This is general information only. Contact us for advice specific to your situation.

Benefits of Refusing Field Sobriety Tests

Refusing to take field sobriety tests means the officer won’t have that evidence to use against you. Without seeing you try and walk a straight line or stand on one leg, the only signs of impairment the officer can describe in court is more subjective.

If you refuse the tests, the officer may have less evidence to establish probable cause for an arrest. Without field sobriety tests, your lawyer can argue the officer arrested you based only on a hunch rather than solid evidence.

Risks of Refusing Field Sobriety Tests