What Should I Do If Asked to Take a Field Sobriety Test in NY?

If you are pulled over on suspicion of driving while under the influence (DUI) of alcohol or drugs, the police officer will likely ask you to submit to numerous field sobriety tests to determine whether you pose a risk on the road. While it may be tempting to try and prove your sobriety by nailing these tests, it’s crucial to be aware of the potential implications of engaging in these exams. Please continue reading to learn what a field sobriety test entails and why connecting with a trusted Rockland County DUI Attorney is in your best interest. 

What is a Field Sobriety Test?

A field sobriety test, also known as a roadside sobriety test or standardized field sobriety test, is a series of physical and mental tasks that law enforcement officials use during traffic stops to determine if a driver is intoxicated. These tests are designed to test your balance, coordination, and ability to follow directions. They are generally composed of three parts:

  • Walk-and-turn test: The officer will ask the driver to walk in a straight line for nine steps, heel-to-toe, then turn around and walk back in the same manner. The officer will observe the individual, looking for signs like stopping, swaying, stumbling, or using their arms for balance.
  • One-leg stand test: The officer will ask the driver to stand on one foot about six inches off the ground and count aloud until told to stop. The officer will examine the driver for around 30 seconds. If this test is difficult to perform, it may indicate that you have been drinking.
  • Horizontal gaze nystagmus test: The officer will ask the driver to follow a moving object, such as a pen or flashlight, without moving their head from side to side. They will observe whether your eyes are jerking when tracking the object and whether your eyes can follow the object smoothly. or if your eyes move before the object does.

Should I Take a Roadside Sobriety Test?

In New York, you do not have to submit to field sobriety testing. Unlike chemical testing, participation in these standardized tests is voluntary. In contrast, formal evidentiary tests given under implied consent requirements such as submitting to a breathalyzer test are mandatory and refusal will result in significant legal ramifications. Although refusing to partake in a field sobriety test doesn’t carry a direct legal penalty, it can arouse suspicion. Field sobriety tests are intended to give police officers probable cause to arrest you and make it difficult to pass. As such, refusal could result in an officer conducting further testing to examine an individual’s blood alcohol levels. If this test reveals you are over the legal limit, it can result in DUI charges accompanied by harsh penalties including fines, driver’s license suspension, and jail time. Furthermore, if you fail the test the results can be used as evidence against you in court.

As you can see, submitting or refusing field sobriety testing can both have serious implications that can make this decision difficult. As such, it’s advisable to consult a seasoned attorney to understand your rights and legal options. Connect with the dedicated legal team at The Law Office of Carl Spector to determine the best course of action.