If you’ve been pulled over for suspected impaired driving, a breathalyzer isn’t instantly required by officers. Usually, you may first face a field sobriety test. Let’s learn what they are, what police officers look for when conducting a field sobriety test, and essential details to be aware of regarding their accuracy, should it come to a court hearing.
What Are Field Sobriety Tests?
Field Sobriety Tests in New York State
When a police officer suspects impairment, one of the first things they’ll do after a traffic stop is administer field sobriety tests. It is a way of checking in face-to-face with the motorist to gauge their state of mind and body. These are physical and cognitive “exercises” used to help the officer decide whether there’s probable cause for a DWI arrest. We’ve all seen them in movies: “touch your nose”, “say the alphabet backwards”, “walk a straight line toe to toe”, etc.
The three standardized tests used most often in New York—and across the U.S.—are:
- Horizontal Gaze Nystagmus (HGN) Test: Following an object (like a pen) with your eyes while the officer looks for jerky eye movements.
- Walk-and-Turn Test: Walking a “straight line” heel-to-toe, then turning, and walking back the same way.
- One-Leg Stand Test: Balancing on one leg while counting aloud.
Each test is intended to reveal signs of impairment, such as loss of balance, slurred speech, or difficulty following directions. Motorists may have to complete all of these if an officer suspects impairment, before any breathalyzer or blood type test is administered.
Why Field Sobriety Tests Aren’t Always Reliable
While they sound scientific, field sobriety tests are subjective and often open to interpretation. Not everyone can stand on one leg and say the alphabet backwards at the same time. Many factors—completely unrelated to alcohol or drug use—can affect performance related to the person’s overall health (both physical and mental):
- Medical conditions: Inner ear problems, back pain, leg injuries, or neurological issues can prevent motorists from being able to do some of these tests even while completely sober and rested.
- Environmental factors: Uneven pavement, poor lighting, wind, rain, or heavy traffic noise can play a role.
- Footwear and clothing: High heels, boots, or tight clothing can make balancing difficult and unrealistic for a fair test.
- Nerves: Even sober drivers can become anxious under police scrutiny, leading to mistakes. Heart rates rapidly accelerate when being pulled over, which compounds during a field sobriety test.
- Officer training or bias: Not every officer administers the tests properly or objectively, and bias can be a major player in many traffic stops.
Because of this, many defense attorneys challenge field sobriety test results in court—especially when they’re the main evidence of impairment and there is no Blood Alcohol test, for instance.
Are You Required to Take Field Sobriety Tests in New York?
Unlike chemical or breath tests, field sobriety tests are not mandatory under New York law. You can politely decline them. However, refusing might still result in further investigation or arrest if the officer believes there’s probable cause. Police officers do not like to be told no, even if you’re within your rights and do so politely. They’re conditioned to having people comply with everything they say, and some officers may not take this well. But you do have the right to refuse a field sobriety test (though not recommended). A breathalyzer will likely be administered before any arrest is made if the officer suspects alcohol impairment. These tests are different in the eyes of the law from field tests, so do not outright refuse one, as that carries significant fines and immediate consequences.
If you are arrested, you’ll likely be asked to take a thorough chemical test (e.g., breath, blood, urine, saliva)—and refusing that test has separate consequences, including automatic license suspension under the state’s implied consent law. Automatic license suspension will occur if you refuse a breathalyzer test, so be sure to understand your rights and the consequences.
How a Defense Attorney Can Help
A skilled DWI defense attorney can review whether:
- The officer had a valid reason for the traffic stop.
- The field tests were administered correctly.
- Your medical or environmental circumstances may have influenced your performance.
- Video or witness evidence supports your version of events.
Challenging the reliability of field sobriety tests can make a major difference in your case outcome. But only a qualified attorney can confidently make these arguments in a court of law.
Bottom Line
Field sobriety tests are not the most accurate indicators of impairment. Judges often see them as less substantial evidence in many cases. If you’ve been arrested for DWI in New York State (or DUAI) after one, don’t assume the results are final. An experienced attorney can investigate how the tests were performed and whether your rights were respected throughout the process. The best you can do is never drive while impaired (even if taking medications prescribed to you). Always be respectful of officers, after all, they’re only doing their job.