As a New York motorist, understanding your legal rights is crucial, particularly when it comes to field sobriety tests. For more information, please continue reading and contact an experienced Garden City, NY DWI/DUI Attorney.

What is a Field Sobriety Test?

During a traffic stop, law enforcement officers may employ a field sobriety test to evaluate suspected alcohol or drug impairment in motorists. These tests help establish probable cause for a drunk driving arrest. A field sobriety test typically involves a series of tasks that are intended to assess different aspects of a motorist’s impairment. The key tests typically included in a field sobriety test are:

  • The Horizontal Gaze Nystagmus (HGN) Test: This test involves the officer having the motorist follow a moving object (like a pen) with their eyes. Intoxication can cause the eyes to jerk involuntarily as an individual looks to the side, an indicator of impairment.
  • The Walk-and-Turn (WAT) Test: This test involves the officer asking the motorist to walk in a straight line, heel-to-toe, for a specific number of steps, turn, and then walk back the same way. The officer will look for certain indicators of intoxication, such as losing balance, starting too soon, stopping while walking, failing to touch heel-to-toe, stepping off the line, using arms for balance, improper turns, and incorrect number of steps.
  • The One-Leg Stand (OLS) Test: This test involves the officer asking the motorist to stand with one leg raised about six inches off the ground, while counting aloud until told to stop. The officer will observe for clues of impairment like swaying, using arms for balance, hopping, and putting the foot down.

These standardized tests are designed to assess a motorist’s balance, coordination, and mental acuity, all of which are critical for operating a motor vehicle. However, you should note that these tests are not infallible and can be influenced by certain factors other than intoxication, such as medical conditions.

What Happens if a Motorist Refuses to Participate?

It’s important to understand that New York’s Implied Consent Law mandates that any person who operates a motor vehicle within the state is implicitly agreeing to submit to a chemical test if they are suspected of DWI. Essentially, by securing a driver’s license and using the state’s roadways signifies consent to undergo a chemical test, such as a breath, blood, urine, or saliva test, if DWI is suspected. Declining these tests leads to immediate penalties, including driver’s license suspension. It’s crucial to differentiate this from field sobriety tests.

Unlike refusing chemical tests in New York, there are no immediate civil penalties for refusing a field sobriety test. These tests are not mandatory, meaning you are not legally obligated to participate. Field sobriety tests are optional, meaning motorists cannot be forced to perform them. However, refusing to participate can have significant ramifications.

An officer may view a refusal as an effort to hide intoxication. This could increase scrutiny, potentially leading to an arrest and amnatory chemical testing. Moreover, if charges are brought, the prosecution might argue that the refusal demonstrated and attempt to conceal impairment, impacting the court’s perception of the case.

At KCS Law, we are prepared to help you navigate the complexities of the criminal justice system and protect your future. Contact our firm today for guidance and skilled representation.