Field sobriety tests are commonly used by New York police officers to determine whether a driver may be impaired. These tests typically include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN) tests. While they are often treated as reliable indicators of intoxication, they are far from foolproof.
Effectiveness of Specific Field Sobriety Tests
- Horizontal Gaze Nystagmus is 88% percent effective in determining that BAC is above 0.08%
- Walk and Turn is 79% effective in determining that BAC is above 0.08%
- One Leg Stand is 83% effective in determining that BAC is above 0.08%
These tests are not scientific measurements. Performance can be affected by factors unrelated to alcohol, such as poor lighting, uneven pavement, weather conditions, physical injuries, fatigue, age, or anxiety. Even sober drivers can struggle to perform perfectly, especially during a stressful roadside stop.
Field sobriety tests are also voluntary in New York. A driver may politely decline to perform them without automatic penalties, unlike chemical tests. However, officers can still rely on other observations to make an arrest.
If field sobriety tests were used in your DWI arrest, a New York DWI attorney can examine how the tests were administered, whether proper procedures were followed, and whether the results can be challenged in court.