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.

Can I Decline to Take a Field Sobriety Test in New York?

Yes, you can decline to take a field sobriety test in New York. Unlike chemical tests (e.g., breath or blood tests), there is no legal penalty for refusing an FST. However, refusing may still carry consequences. For example, your refusal could be used as evidence against you in court, with prosecutors arguing that it demonstrates consciousness of guilt.

It is crucial to understand your rights and how to assert them effectively. If you’re pulled over, remain polite and ask to speak with an attorney before agreeing to any tests.

How Can You Challenge the Results?

Field sobriety test results are not infallible. Our experienced attorneys at Barket Epstein Kearon Aldea & LoTurco, LLP, have successfully challenged FST results by examining the following factors:

• Improper Administration: Law enforcement officers must follow specific protocols when administering standardized FSTs. Any deviation from these guidelines can render the results unreliable.
• Medical Conditions or Physical Limitations: Many individuals have medical conditions, injuries, or physical impairments that can affect their performance on FSTs. These factors must be considered and can be used to cast doubt on the validity of the results.
• Environmental Conditions: External factors, such as uneven pavement, poor lighting, inclement weather, or heavy traffic, can affect a driver’s ability to perform well on FSTs.
• Officer Bias or Misinterpretation: FSTs rely on subjective observations by the officer. Bias, lack of training, or a predisposition to suspect impairment can influence the results and lead to unjust conclusions.

By thoroughly analyzing the circumstances surrounding your FST, we can identify weaknesses in the prosecution’s case and build a robust defense.

Why Choose Barket Epstein Kearon Aldea & LoTurco, LLP?

With decades of experience handling DWI cases in New York, our attorneys have the expertise and resources needed to challenge field sobriety tests effectively. We understand the nuances of New York’s DWI laws and the intricacies of FST protocols, giving you the best chance at a favorable outcome.

Our commitment to personalized legal representation ensures that every client receives a tailored defense strategy. Whether negotiating with prosecutors or fighting for your rights in court, we will stand by your side every step of the way.

Call(888) 779-0267 or contact us online today to let us fight for you!