If you are a driver in New York, it is important that you are apprised of all of your rights, including whether you can refuse a field sobriety test. To learn more, read on and speak with an experienced New City DWI defense attorney.
What is Field Sobriety Testing?
A field sobriety test is a test conducted by a police officer during a traffic stop or “in the field.” The test is generally made up of three tasks designed to assess the individual’s physical and cognitive abilities to determine whether they are impaired by drugs or alcohol.
The most common field sobriety tests recognized by the National Highway Traffic Safety Administration include the horizontal gaze nystagmus test, the walk and turn test, and the one-leg stand test.
The horizontal gaze nystagmus test involves the officer moving an object like a pen side to side and asking the driver to follow the object only with their eyes. Horizontal gaze nystagmus is a medical term referring to an involuntary jerking of the eyeball, often observed in individuals intoxicated by alcohol or who have certain medical conditions.
The walk and turn test involves the driver walking for a set number of steps, turning on one foot, and walking back for the same number of steps. If they lose track of their steps, lose their balance, cannot touch their heel to their toe, or show any other signs of impairment, it could be used as evidence for intoxication.
The one-leg stand test is aptly named, involving the driver balancing on one leg for a set period of time while counting out loud. Swaying, using arms for balance, putting their foot down, or losing count can all indicate impairment.
What if I Refuse a Field Sobriety Test in NY?
Under New York’s implied consent law, all drivers operating a vehicle in the state of New York are required to submit to chemical testing for drugs or alcohol upon an officer’s request. By driving in New York, you have already given implied consent to these tests, so refusing to participate can result in legal penalties like a suspended license and substantial fines. But what happens if you refuse a field sobriety test?
While chemical testing is mandated, there is no legal requirement for drivers to submit to field sobriety testing. These tests are completely voluntary, and you cannot be forced to participate. Refusing to submit to a field sobriety test will not inherently result in legal consequences the way that refusing a breathalyzer or chemical testing would. However, doing so can still have repercussions.
The police officer may take your refusal as a sign that you are intoxicated and attempting to hide it. This could result in increased scrutiny during the traffic stop and an arrest where chemical testing will be ordered. If you are charged, the prosecution could also use your refusal as an argument that you were trying to hide your impairment, which could influence the jury’s opinion.
For advice regarding field sobriety testing, reach out to a skilled defense attorney today.
