New York DWI Field Sobriety Tests

If a police officer suspects a motorist of DWI, that motorist will be asked to submit to what are called “field sobriety tests.”  These “tests” are the manner by which police officers check a motorist’s impairment, presumably before deciding to make a formal arrest.  These “tests” are subjective in nature, which means that they are administered solely by the investigating police officer(s) and are evaluated solely based on the police officer’s opinions, which are not based on any set of “hard and fast” (or we would argue even reliable) set of rules.  Below are short introductory descriptions of some tests that motorists in New York State may encounter at the scene of a motor vehicle stop:

Horizontal and Vertical Gaze Nystagmus:
The police officer will position a pen, pen light, or his or her finger, in front of the motorist’s face and move the object from side to side and up and down, watching the subject's eyes. The officer is looking for involuntary jerking or trembling of the eyeball, which under some circumstances may be a physiological sign of impairment.

Walk and Turn:
The officer instructs the motorist to take nine “heel-to-toe” steps along a real or imaginary line, and then turn in a certain specifically instructed manner, and then take nine “heel-to-toe” steps back to the starting position. While performing this task, the motorist is expected to keep his or her arms at his or her sides without raising them.  The officer will monitor the motorist’s ability to follow his or her instructions, balance, whether or not the “line” was followed, number of steps taken, manner of steps taken (i.e., whether or not the motorist touched “heel-to-toe” on each step), arm position, and head position, during this test.

One Leg Stand:
Generally, the officer instructs the motorist to raise one leg six inches off the ground while watching the foot, keeping the bottom of his or her heel parallel to the ground, keeping the arms at his or her sides, and while counting out loud until the officer instructs the motorist to stop. The officer will watch for ability to follow instructions, general lack of balance (such as swaying, hopping, putting the foot down prior to being told to do so, and raising the arms), and ability to accurately measure the passage of time.

Finger to Nose:
The officer will instruct the driver to stand with his or her feet together and arms at his or her sides, to close his or her eyes, and to tilt the head back. The motorist will be further instructed to bend his or her arm at the elbow and to touch each index finger to the tip of the nose three times per arm. Again, the officer will watch for ability to follow instructions, general lack of balance (such as swaying, unsteadiness, and opening the eyes), and ability to meet the tip of the index finger to the tip of the nose.

Romberg Balance Test:
With head tilted back, feet together and eyes closed, the motorist will be instructed to estimate the passage of 30 seconds (i.e., but this time period can vary depending on the police agency involved). With this test, the officer is evaluating the suspect's “internal clock,” which, according to the officer, will be slow in the case of alcohol or depressants, or fast in the case of stimulants. The officer will also check for ability to follow instructions and signs of general lack of balance (such as swaying, unsteadiness, opening the eyes, separating the feet, and raising the arms).

From reciting portions of the alphabet backwards or forwards, finger counting, and counting backwards, there are many field sobriety tests that police officers employ.

The attorneys at Anelli Xavier, PC are studied in the training, evaluation, and proper performance of these tests.  Our attorneys also study how the tests can be interpreted depending on the conditions of the tests scene and the conditions of the particular motorist involved.

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