If you’re pulled over for suspected impaired driving in New York, you may be asked to perform field sobriety tests (FSTs). These tests are designed to assess your coordination, balance, and cognitive abilities. Let’s explore what FSTs are, how they’re used, and their reliability in DWI/DWAI arrests.
What are Field Sobriety Tests (FSTs)?
FSTs are a series of physical and cognitive tests used by law enforcement to determine if a driver is impaired. Common FSTs include:
- Horizontal Gaze Nystagmus (HGN): This test involves following a moving object with your eyes to detect involuntary eye movements, which can indicate alcohol impairment.
- Walk-and-Turn (WAT): This test requires you to walk heel-to-toe in a straight line, turn, and walk back.
- One-Leg Stand (OLS): This test involves standing on one leg while counting aloud for a specified period.
The Purpose of Field Sobriety Tests
FSTs are used to:
- Establish Probable Cause: Provide evidence to support an arrest for DWI or DWAI.
- Assess Impairment: Evaluate a driver’s coordination, balance, and cognitive abilities.
- Corroborate Other Evidence: Support other evidence, such as observations of erratic driving or the odor of alcohol.
The Reliability of Field Sobriety Tests
The reliability of FSTs has been a subject of debate. Factors that can affect their accuracy include:
- Subjectivity: The officer’s interpretation of your performance can be subjective.
- Environmental Factors: Road conditions, lighting, and weather can affect your ability to perform the tests.
- Medical Conditions: Certain medical conditions can affect balance and coordination.
- Nervousness: Normal nervousness during a traffic stop can impact performance.
Your Rights Regarding Field Sobriety Tests
In New York, you are not legally required to perform FSTs. However, refusing to perform them may lead to further suspicion and potentially an arrest. It is important to know that refusing a field sobriety test, is different than a chemical test refusal.
Defense Strategies Related to Field Sobriety Tests
A skilled attorney can challenge the validity of FST results. Potential strategies include:
- Questioning the Officer’s Training: Examining the officer’s qualifications and training in administering FSTs.
- Challenging the Test Conditions: Arguing that environmental or medical factors affected your performance.
- Presenting Expert Testimony: Using expert witnesses to challenge the reliability of FST results.
- Video Evidence: Using video evidence to show that the officer did not administer the test correctly.
Understanding Related Charges
It’s vital to understand the distinctions between field sobriety tests, BAC, DWAI/Alcohol, DWAI/Drug, DWAI/Combination, chemical test refusal, and standard DWI. Also, be aware of the zero tolerance law, and Aggravated DWI possibilities. If you are an out of state driver, ensure you understand how the FST’s are used in New York compared to your home state.
Why Choose James Medows?
James Medows is an experienced New York traffic attorney who understands the complexities of FSTs and their role in DWI/DWAI cases. He can help you navigate the legal process and protect your rights.
Don’t Let Field Sobriety Tests Determine Your Fate
Understanding FSTs and their limitations is crucial for defending against DWI/DWAI charges. Contact James Medows today for a consultation and let him help you protect your driving privileges and your future.