Field-sobriety tests: Not as foolproof as they seem | Martin A. Kron & Associates, P.C.
  • Google Plus
  • Facebook
  • Twitter

Former Traffic Court Judge Serving New York and New Jersey

Call right now: 212-691-0175

Former Traffic Court Judge

Begin a consultation

Field-sobriety tests: Not as foolproof as they seem

Proving that a person is intoxicated without a blood or breath test is not an exact science. There are three tests that officers use to determine if you are impaired. The problem with these tests is that people who are completely sober can fail them. The tests include standing on one leg, following a pen's movement with your eyes and walking and turning.

The problem with these tests is that there is a lot of room for errors. Here are a few examples of how each of these tests could lead to an innocent person being accused of driving while intoxicated.

The one-leg stand

With the one-leg stand, a person has to stand on one leg and balance for a period of time. The trouble with this is that some people have medical conditions or physical problems that make it impossible for them to balance easily. They could fail this test even if completely sober.

The horizontal gaze nystagmus test

The horizontal gaze nystagmus test is a little harder to fail without intoxication. However, people who have seizures or problems with their eyes may fail the test because of an unsteady gaze.

The walk-and-turn test

Finally, the walk-and-turn test has similar problems to the one-leg stand. Law enforcement officers ask people to walk heel-to-toe, which is unnatural. Physical conditions and medical problems can make this test difficult to pass.

As you can see, field sobriety tests are not foolproof. If you fail a field sobriety test, there is still a chance that you can be acquitted of a DUI. Your attorney can help you present evidence of physical disabilities or illnesses that made it difficult for you to pass the above tests.

No Comments

Leave a comment
Comment Information

Pulled Over? Arrested? Tell Us What Happened.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

This Attorney is Lead Counsel Verified. Click here for more Information.

New York Office 295 Madison Avenue, Floor 12 New York, NY 10017 Phone: 212-691-0175 Fax: 347-943-4353 New York Law Office Map

Mahwah Office 9 Watch Hill Road Mahwah, NJ 07430 Map & Directions