Queens County Bar Association
Martindale Hubbell - Distinguished 2023

Field Sobriety Tests: SHOULD I TAKE ONE?

Police officers are required to follow proper procedure during all stages of a DWI stop. They must have probable cause for pulling you over, they must administer field sobriety tests accurately, and the tests must be interpreted properly. All of these stages possess room for errors, inconsistencies and illegalities. The Law Office of Martin D. Kane has 40 years of experience identifying errors, inconsistencies and illegalities to build strong defenses for our clients.

The Law Office of Martin D. Kane has provided skilled DWI defense services for individuals throughout Queens County, New York, since 1971. Our Queens DWI defense lawyer has significant experience protecting his clients’ rights and minimizing the consequences of a drunk driving conviction.

What Happens During And After The Traffic Stop?

The events that occur during and after the DWI traffic stop are integral to your defense. The field sobriety tests establish probable cause. The field sobriety tests are not videotaped — therefore, the police officer makes the call to make the arrest. If probable cause is established, the individual is then taken to the precinct where the Breathalyzer test is administered.

Should I Take A Field Sobriety Test?

Field sobriety tests that are used to determine whether probable cause exists to make an arrest include:

  • The horizontal gaze nystagmus test
  • Head-tilt test
  • Finger-to-nose test
  • One-leg balance test
  • Heal-to-toe test
  • ABCs test
  • Counting test

You do have the right to refuse to take field sobriety tests; however, if you do take them, our firm can analyze the tests for errors and inconsistencies.

Our Queens breath test lawyer’s opinion is that you should almost always agree to take the Breathalyzer test. If you do not take it, your driver’s license will be revoked for a minimum of six months. Additionally, you will not be eligible for a drinking and driving program. The drinking and driving program can help get your driving privileges reinstated sooner than six months.

The Law Office of Martin D. Kane offers free initial consultations to discuss your options in fighting a DWI charge. To schedule yours, call us at (718) 793-5700 or contact us online.

We are located directly across from Queens Criminal Court. If you are in detention and cannot come to our office, we will arrange a consultation at the jail. All major credit cards are accepted. Our office hours are 9 a.m. to 6 p.m., with evening and weekend appointments available.

Client Reviews

Mr. Kane is extremely knowledgeable about the law. He always took the time to talk with me and explain things about my case from our first phone conversation to my court appearance. I could say that Mr. Kane...

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Mr. Kane is an intelligent and resourceful lawyer. He is knowledgeable and caring. Mr. Kane has helped my family on numerous occasions and I am very grateful. You cannot go wrong with him as your attorney.

Maggie G.

We came to Mr. kane to get legal representation for our grandson. From the very outset, we were all very comfortable with him. He is very insightful and provides the needed consolation without losing touch with...

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