NY DWI Defense Lawyers

Were the Roadside Tests Done Correctly?

All too often, police in New York arrest people on suspicion of DWI based on the results of improper, inaccurate field sobriety tests. An experienced New York sobriety test lawyer may be able to help you hold the police accountable and get your DWI charges dismissed.

At Anelli Xavier, PC, our attorneys defend clients throughout New York State against DWI charges. We understand how field sobriety tests work and what their weaknesses are. No matter where you are charged in New York State, we are confident our firm will give you the best possible outcome due to our extensive training and sole focus on DWI Defense. Contact us today to discuss your charges.

How Reliable Are These Tests, Really?

Field sobriety tests are often used by police officers during traffic stops to determine whether drivers may be drunk. These tests are not covered by New York's implied consent law, so you have every right to refuse to take them. The three most common tests are the following.

• Horizontal gaze nystagmus (HGN): Can you follow a pen or other item steadily with your eyes as it moves back and forth horizontally?
• Walk and turn: Can you stand with one foot right in front of the other, take several steps forward, turn, and take several steps back?
• One-leg stand: Can you stand at attention, then lift one leg off the ground and hold it in place steadily while looking at your toes?

The National Highway Transportation Safety Administration (NHTSA) has found that if someone fails all three tests, and they were administered correctly, there is an 85 percent chance the person has a blood alcohol content ( BAC) of .08 or higher.

Did the Police Know What They Were Doing?

An 85 percent chance is not enough evidence, on its own, to convict you of DWI. However, it may provide probable cause for the police to arrest you, take you to the station, and ask you to take a breathalyzer test, which is more precise although still not infallible.

Studies show, however, that field sobriety tests are administered incorrectly 95 percent of the time. Most officers receive very little training, early in their careers, on these tests.

The lawyers at our firm are experienced at working with field sobriety experts and scrutinizing police videos — if available — to determine whether field sobriety tests were administered correctly. Contact us to discuss your case with an experienced New York DWI attorney.