Driving under the influence of alcohol is a very serious matter and New York aims to hold offenders accountable for their actions. When a law enforcement officer pulls a driver over on suspicion of drunk driving, they often conduct a series of field sobriety tests that allow the officer to determine whether the individual is intoxicated. However, field sobriety tests are very difficult for even a sober person to pass if they are at a disadvantage or aren’t sure of the instructions.
There are a number of potential defenses for driving while intoxicated, many of which involve field sobriety tests. Some of these defenses include the following:
- The law enforcement officer failed to read the individual all of the instructions
- The law enforcement officer failed to demonstrate the test for the individual
- The law enforcement officer failed to inform the individual that they are permitted to remove high heels if they are wearing such footwear
- The individual has certain health issues that may make passing the test impossible
The three types of field sobriety tests include the Horizontal Gaze Nystagmus test, the Walk and Turn test, and the One Leg Stand test. If you believe that a field sobriety test was wrongfully or incorrectly issued, contact our firm today to discuss the defenses that may assist you.
If you are in need of experienced legal counsel for a criminal defense matter on Long Island or throughout New York State, please contact Grunwald & Seman, P.C. to schedule a consultation and we would be happy to assist you.
