DWI Lawyer in New York

During the DUI/DWI arrest process, it is not unlikely that a subject will be asked to perform many different standard tests to help determine their level of impairment. In many situations, these tests involve the breath and blood test as these are generally considered to be more specific. This, however, is not the only form of DUI testing and will often be used in conjunction with what is known as field sobriety tests. Until recently, these tests were widely varied in type and the manner of administration. In an attempt to increase the accuracy of the tests the National Highway Traffic Safety Administration standardized three tests, providing strict guidelines as to how they should be administered and the indications of failure that should be used as red flags for impairment.

Field Sobriety Tests - Overview of the Three Types

The three main tests that are commonly utilized by law enforcement officers throughout New York are the three that have been standardized by the NHTSA. These include the following:

• Horizontal Gaze Nystagmus - This refers to the nystagmus or the involuntary lateral jerking of the eyeball. It is typically believed that alcohol aggravates these symptoms and it's therefore believed that by having a person follow the movement of a pen several inches from their face, that an officer can detect intoxication. An inability to keep eyes steady and an inability to have smooth eye motions can all be clues to intoxication.
• One-Leg Stand - On this test, a person will simply be required to stand on leg while the other foot is raised six inches from the ground. They will be asked to count in thousands while the officer times them (usually for 30 seconds). If they cannot keep their balance, struggle to stay on one foot or otherwise wobble, it could be a sign of impairment.
• Walk-and-Turn - This test is the most commonly seen on TV, movies and depictions of field sobriety tests. The subject is required to walk heal-to-toe for nine steps, stop, turn on the spot and return in the same manner to the point of the beginning of the test. This is a divided attention test that requires a subject to listen to instructions and perform at the same time.

New York Criminal Attorney for DUI Defense

If you have been arrested for driving under the influence, it is highly encouraged that you do not hesitate to get the involvement of a New York criminal defense lawyer from the Law Offices of Brian D. Perskin. With years of experience, we have proven that we are not deterred by complex situations. Instead, we will go the distance in our efforts to helping you defend your legal rights.

Contact a New York DUI attorney from our firm to learn more about field sobriety tests.