new york city dui lawyer

NEW YORK CITY DRUNK DRIVING FIELD SOBRIETY TESTS

 

Field sobriety tests have a number of faults. However, they are often used in DUI cases throughout New York City in an attempt to secure convictions. A driver may face DUI charges for driving "under the influence" of alcohol or a controlled substance, which may be proven through a breath or blood test that shows a result of .08% or greater, and/or by an impairment of mental or physical abilities. Field sobriety tests are used to demonstrate this impairment, testing a driver's balance, coordination, and ability to follow instructions.

 

Mr. Discioarro has found many weak points in these tests. For example, you may have been wearing high-heeled shoes. If undergoing a field sobriety test that required you to walk in a straight line, heel to toe, this may have affected your performance. Or, your attorney can question whether the test was administered or graded properly, perhaps using the police video as evidence in your favor. These sobriety tests are designed for you to fail them.

Because field sobriety tests deal with balance and coordination, there are different physical factors which may influence an individual's performance. Following are some issues that may affect an ability to perform well on a field sobriety test:

    • Age
    • Weight
    • Physical illness
    • Allergies
    • High-heeled shoes
    • Poor road or weather conditions
    • Physical injury
    • Language barrier
    • Poor instructions by the law enforcement officer
    • Nervousness
    • Athletic ability


By evaluating your particular case and thoroughly investigating the matter, a lawyer can determine exactly how to challenge your field sobriety test results. Police officers are administering these tests to people who have mostly never done them before under very stressfuk circumstances. They love to try and trick people into making a mistake and then write a report stating just that. These fraudelent tests must be confronted in court to prove that they mean nothing. Contact the Law Offices of Michael S. Discioarro, LLC at 917-519-8417.