New York Field Sobriety Test Lawyer

New York Field Sobriety Test Lawyers – Your Guide

Getting pulled over for suspected drunk driving is scary. The flashing lights in your rearview mirror make your heart race. What happens next can impact your freedom, your driving privileges, and your finances for years to come. Having an experienced New York field sobriety test lawyer on your side can make all the difference.

This guide will walk you through what to expect during a traffic stop for suspected DUI in New York, your rights and options when asked to take field sobriety tests, and how an attorney can defend your rights every step of the way. We’ll also share tips from top New York DUI lawyers for how to handle yourself during a traffic stop and investigation to protect your rights.

What to Expect During a DUI Traffic Stop

If a police officer pulls you over and suspects you of driving under the influence, here are some common next steps in New York:

• The officer will ask you if you’ve been drinking. Be polite but do not answer questions without your attorney present.
• They may ask you to take a preliminary breath test at roadside. You can refuse this voluntary test.
• The officer will likely ask you to perform field sobriety tests like walking heel-to-toe in a straight line. You can refuse to take these voluntary tests.
• If the officer believes you are impaired, they can arrest you and take you to the station for additional chemical testing of your blood, breath, or urine.

While field sobriety tests are technically “voluntary,” refusing to take them can lead the officer to conclude you’re intoxicated. That’s why it’s important to have legal guidance on exercising your rights.

Your Rights Regarding Field Sobriety Tests

Under New York law, you have the right to refuse to take field sobriety tests like the walk-and-turn and the one-leg stand test. You cannot face additional penalties for refusing to take them.

However, the police can still use your refusal as evidence that you likely failed the tests and have something to hide. Refusing the tests also gives officers reason to take you into custody for additional DUI testing at the station.

That’s why the decision on whether or not to take field sobriety tests is a judgment call best made with guidance from an attorney. An experienced lawyer can walk you through the pros and cons so you can make an informed decision.

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2024-03-21

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2024-03-18

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2024-03-15

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2024-03-15

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Common Field Sobriety Tests

Here are some of the most common field sobriety tests officers ask drivers to perform roadside:

• Horizontal Gaze Nystagmus (HGN): The officer moves a pen or light side-to-side and watches your eye movements for involuntary jerking, which can indicate intoxication. This test can’t be refused in New York since officers consider it a medical assessment, not a mental coordination test.
• Walk-and-Turn: You walk heel-to-toe in a straight line for nine steps, pivot, and walk back nine steps the same way while counting out loud.
• One-Leg Stand: Standing with your feet together and arms at your sides, you raise one foot about six inches off the ground and count aloud until told to stop.

Even when completely sober, many drivers exhibit signs during field sobriety tests that officers may claim indicate intoxication. Nervousness, minor mistakes in coordination or counting, or medical conditions like inner ear problems can all impact test performance.

Benefits of Refusing Field Sobriety Tests

Refusing to take field sobriety tests means the officer won’t have that evidence to use against you. Without seeing you try to walk a straight line or stand on one leg, the only signs of impairment the officer can describe in court are more subjective.

If you refuse the tests, the officer may have less evidence to establish probable cause for an arrest. Without field sobriety tests, your lawyer can argue the officer arrested you based only on a hunch rather than solid evidence.

Risks of Refusing Field Sobriety Tests

While refusing field sobriety tests can limit the evidence against you, it also has risks. As mentioned above, refusal gives the officer reason to assume you failed the tests and have something to hide. It provides them with justification to make the arrest.

Your refusal also means losing the chance to potentially perform well on the tests and show the officer you are not impaired. Passing field sobriety tests makes it less likely you’ll be arrested and charged.

Next Steps If You’re Arrested After Refusing Field Tests

If the officer arrests you for DUI despite your test refusal, here’s what you can expect next:

• You’ll be handcuffed and transported to the police station.
• The officer will read you your rights and the New York “refusal warning” about additional chemical BAC testing requirements.
• You’ll be asked to submit a sample of your breath, blood, or urine for BAC testing. Chemical test refusal leads to severe penalties.
• You’ll have the chance to contact an attorney before deciding whether to submit to further BAC testing.

Having a lawyer’s guidance on the additional chemical testing at the station is extremely important. Refusing these chemical tests leads to stiff penalties like immediate driver’s license suspension in New York.

Benefits of Having an Attorney for Field Sobriety Tests

Here are some of the key ways having a New York DUI lawyer can help if you’re asked to perform field sobriety tests during a traffic stop:

• They can advise you on whether to refuse the voluntary field sobriety tests in your particular case.
• They can inform you on your rights and obligations regarding chemical BAC testing if arrested.
• They can point out improper procedures by the officer that could make field sobriety test results inadmissible.
• They can argue you performed poorly on tests due to factors like nerves, medical conditions, or poor instructions – not intoxication.
• If the tests are ruled admissible, they can still cast doubt on their accuracy and reliability for proving intoxication.

An attorney can also provide immediate help if you are arrested, including coming to the police station, advocating for your release, and guiding your next steps.

Tips from New York DUI Lawyers

Here are some tips New York DUI lawyers offer if you get pulled over on suspicion of drunk driving:

• Be polite, but don’t answer questions or admit you’ve been drinking without an attorney present.
• Know you have the right to refuse voluntary field sobriety tests.
• If you refuse the tests, the officer may still arrest you based on other signs of impairment.
• Once arrested, take the chemical BAC test or you’ll face penalties. You can challenge the results in court later.
• Ask to speak to a lawyer before deciding whether to take further BAC tests at the station.
• Don’t argue with the officer or resist arrest physically. That gives them reason to add charges against you.

Having an experienced DUI lawyer on your side from the start of your case can make a huge difference in the outcome. Don’t go it alone.

Choosing the Right Lawyer

When looking for a New York field sobriety test attorney, seek out someone with extensive DUI defense experience such as:

• A lawyer who focuses exclusively on drunk driving defense.
• Someone who is very familiar with field sobriety testing procedures and protocols.
• A lawyer with relationships with local police and prosecutors.
• Someone who has taken DUI defense courses and continuing legal education.
• An attorney with a track record of success defending field sobriety test cases.

Also look for someone you feel comfortable with and who is responsive to your questions. Discuss fee structures upfront so you know what to expect.

Defending Against Field Sobriety Test Evidence

Skilled DUI lawyers have many strategies to challenge field sobriety test evidence, including:

• Filing a motion to suppress the tests due to lack of probable cause for the traffic stop.
• Suppressing tests due to improper procedures by the officer.
• Challenging officer training and expertise in administering field sobriety tests.
• Pointing out environmental factors like weather, traffic, or an uneven surface that could have impacted performance.
• Noting medical conditions, injuries, or other physical limitations affecting the driver.
• Raising reasonable doubt based on nervousness, confusion over instructions, or mathematical errors in counting steps.
• Questioning whether poor performance was due to intoxication or other causes.

In addition to attacking the field sobriety test results themselves, lawyers also look to exclude observations by the officer that you looked impaired or failed the tests. They can argue this is subjective opinion, not factual evidence.

Possible Plea Deals

Prosecutors know that field sobriety tests can be challenged in court. As a result, they may offer plea bargains in borderline cases that rely heavily on disputed field test results, including:

• Pleading to a lesser non-alcohol related traffic offense like reckless driving.
• Pleading guilty to DUI in exchange for a lighter sentence recommendation.
• Agreeing to attend alcohol education and treatment programs in return for avoiding a DUI conviction.
• Having the DUI charges dropped in exchange for community service time.

An experienced New York DUI lawyer can advise if any plea deal offers are in your best interests, or if it’s better to take your case to trial.

Potential Defenses at Trial

If a reasonable plea deal can’t be negotiated, taking the case to trial may be the best option. Your attorney will defend against the charges by:

• Raising reasonable doubt over the accuracy and reliability of field sobriety tests.
• Questioning the subjective nature of the officer’s observations and opinions.
• Presenting evidence you performed poorly due to factors other than intoxication.
• Challenging the officer’s qualifications to administer and interpret the field sobriety tests.
• Pointing out ways the tests were improperly conducted based on protocols.
• Noting a lack of additional evidence like failed chemical BAC tests, unsafe driving, or obvious impairment on dash cam video.

Your lawyer may also call expert witnesses to testify about problems with field sobriety testing procedures, scoring, and their ability to accurately gauge impairment.

Potential Penalties

The penalties for a DUI conviction in New York depend on factors like your blood alcohol concentration (BAC) at the time of arrest and whether you have any prior DUI convictions. Potential consequences include:

• Up to 1 year in jail.
• Fines and surcharges up to $2,000.
• License suspension for at least 6 months.
• Installation of an ignition interlock device on your vehicle.
• Completion of alcohol assessment, treatment, and victim impact programs.
• Higher insurance rates.

Penalties increase for repeat DUI offenses within 10 years or instances involving a minor in the vehicle. That’s why fighting the charges with an experienced attorney is so important.

Takeaways

Being asked to perform field sobriety tests during a traffic stop can be an extremely stressful and anxiety-provoking experience. Here are some key takeaways on protecting your rights and working with an attorney if you find yourself in this situation:

• Field sobriety tests are technically voluntary in New York. However, refusing may give police reason to arrest you based on other signs of impairment.
• It’s best to consult a lawyer beforehand on whether refusing the tests is advisable in your specific case.
• If arrested, remain polite and do not physically resist. Make it clear you wish to speak to an attorney before consenting to further BAC testing.
• Experienced DUI lawyers have many strategies to get field sobriety test results thrown out or to cast doubt on their accuracy in court.
• With an attorney’s help, you may be able to plea bargain charges down or win an acquittal at trial by challenging the tests.
• A DUI conviction can have severe consequences, so fight the charges with the help of a knowledgeable lawyer.

Navigating a DUI investigation and criminal charges is complex. Having an experienced New York field sobriety test attorney to protect your rights can make all the difference. Don’t go through it alone.