It Is unlikely you will perform well during the field sobriety tests, but you can refuse them

 

The HGN Test

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They will do the HGN test which is a horizontal gaze nystagmus test. The problem with this test is that it should not be done on the side of the road where there are any kinds of stimuli to your eye that will take your eye away from what they’re doing. For example, flashing lights of oncoming cars. That will change the test outcome. The second problem is that most police officers don’t turn off their overhead lights. So in the middle of a test, even if the test is performed on the side of the road in perfect darkness and in a perfect environment, you still have the lights of the police car flashing in your eye. This test really should only be done by a health professional. 

 

The Walk and Turn Test

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They take nine steps forward and nine steps backward. The problem with this test is that there’s never a good line on the side of the road to hse. Most people, when they’re pulled over, are very nervous and are not listening. Even if the officer gives you the instructions correctly and most of them skip the instructions out of nervousness. So even if you’re perfectly sober, you still are likely to fail this test.

 

The Portable Breath Test

 

There is a Portable Breath Test. Some officers have it and some don’t. The way you can usually tell is if the officer has it, he’s usually a DWI cop that’s looking for the overtime on the arrest. If a police officer just pulled somebody over because they were weaving and it looked like they were drunk and had to call somebody to administer those tests, that test is not admissible in New York as of now.