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PEOPLE v. BERG

92 N.Y.2d 701 (1999)

708 N.E.2d 979

685 N.Y.S.2d 906

The People of the State of New York, Respondent, v. Elizabeth A. Berg, Appellant.

Court of Appeals of the State of New York.

Decided February 23, 1999.

Attorney(s) appearing for the Case

Gerstenzang, O'Hern, Hickey & Gerstenzang, Albany (Peter Gerstenzang and Eric H. Sills of counsel), for appellant.

Kenneth R. Bruno, District Attorney of Rensselaer County, Troy (David J. Rynkowski and Bruce E. Knoll of counsel), for respondent.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

Chief Judge KAYE.

This appeal centers on the intersection of two important interests: the prosecution of drunk drivers, and the constitutional privilege against self-incrimination.

In order to determine whether a driver is intoxicated, police officers frequently supplement their observational skills with field sobriety tests such as the "walk and turn" and "one-leg

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