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If you are pulled over on suspicion of driving under the influence, the officer may request that you perform field sobriety tests. The results of these tests often serve as probable cause in a DWI arrest. Unfortunately, the results are very subjective to the opinion of the arresting officer and innocent people are often arrested. Keep in mind that you can fight the results of these tests with the help of a skilled DWI attorney in Brooklyn. There are standardized and un-standardized tests that are used as roadside tests, we will briefly explain the standardized tests.
One Leg Stand- This requires a test of the suspect's balance and ability to split their focus on mental and physical tasks. The officer will judge the performance based on how well they stand with one foot lifted off the ground without using arms for balance or placing their foot on the ground.
Walk and Turn Test- This is another physical and mental test that requires the suspect to walk on a straight line, heel-to-toe, and then make a pivot turn and walk back the same way. The officer will judge the suspect based on their ability to follow instruction, walk straight and maintain the heel-to-toe walking.
Horizontal Gaze Nystagmus- This test measures the involuntary jerking (Nystagmus) of the eye that behaves differently when under the influence of alcohol. The officer will look for signs of intoxication while having the suspect follow a stimulus with only their eyes.
If you have been arrested for a DWI after your performance on a field sobriety test, contact our firm. The Law Offices of Michael Mullen has a retired Former New York Police Department captain on staff who is familiar with the field sobriety testing process. Let us help you build a solid defense and fight to avoid DWI conviction.