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Can standardized field sobriety tests be used against you?


As a resident of New York who has recently been charged with a DUI-related crime, you may be wondering about that field sobriety test you were asked to take. Can it actually be used against you in court? We at Lerner & Lerner, P.C., are here to answer that question.

Field sobriety tests can be divided into two categories: standardized and non-standardized. Typically speaking, non-standardized tests will not be used in courts as evidence. While they can be brought to court, the chance of actually using it as successful proof of a DUI is slim because there are no set standards agreeing on the results of these tests.

Standardized field sobriety tests, on the other hand, have a slightly higher chance of being successfully used as evidence. There are only three standardized tests and they include:

  • The walk-and-turn
  • The one-leg stand
  • The horizontal gaze nystagmus (HGN)

These tests will check your balance, coordination, and eye movement in order to determine whether or not you might be intoxicated.

However, while these tests have standards of comparison, they are not fool-proof in court. Due to the large number of variables that can influence the results, they are often dismissed or only used in conjecture with more solid evidence.

If you are facing any sort of charge for driving while under the influence, consider taking a look at our web page on DUI-related crimes and charges, linked here. It can be important to know exactly what you might be facing. This is why you may benefit from the aid of an experienced DUI attorney as well.