What Should I Do If Asked to Take Field Sobriety Tests?

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    DUI concept of criminal liability for driving while intoxicated.

    Field sobriety tests are used by law enforcement when an individual is suspected of driving under the influence (DUI) of alcohol or drugs. Typically, these tests are given after an officer has stopped the individual to determine whether they are a risk on the road. Individuals often wonder whether or not they should submit to a field sobriety test or refuse. The answer depends on the unique circumstances of the situation. Please continue reading to learn more and contact an experienced Garden City, NY DWI/DUI Attorney who can help you understand your rights. 

    What Are Field Sobriety Tests?

    A field sobriety test is a series of physical and mental exercises that a police officer can ask a driver to perform as a way to determine if the driver is intoxicated. They are primarily used to establish probable cause for a DUI conviction. These tests are designed to assess a driver’s balance, coordination, and ability to multitask. The standardized field sobriety test includes three tasks:

    • The horizontal gaze nystagmus: This involves an officer requesting the individual to look at a pen or another object and follow it with their eyes while keeping their head still. This tests the involuntary jerking of the eyeball that occurs when the eyes track an object that moves from side to side. When a person is impaired by alcohol, when tracking an object moving horizontally, their side-to-side gaze will present significant jerking.
    • The walk and turn test: This involves the subject walking in a straight line in a heel-to-toe fashion, then turning on one foot, and coming back in the same manner. This assesses a driver’s physical and cognitive abilities.
    • The one-legged stand test: The suspect is asked to stand with one foot approximately six inches off the ground and count aloud to evaluate balance and control.

    Should I Submit to a Field Sobriety Test?

    If you are stopped by the police on suspicion of DUI, you do not have to submit to field sobriety testing. Essentially, it’s not required by law and you cannot be punished for refusal. However, officers are not required to inform you that field exercises are voluntary. Since these tests will be used to try to convict you of a DUI should you be arrested, it’s crucial to know your rights. Unlike chemical testing, which if you refuse to submit to will result in significant legal ramifications, you are within your rights to refuse to partake in field sobriety testing, but there are certain risks.

    If you do submit and fail these tests, the officer can place you under arrest and the results can be used against you as evidence in court. Field sobriety tests are admissible as evidence of intoxication and impairment. The prosecution will rely on the field sobriety test when trying to prove that you were DUI. As such, submitting to these tests can result in various penalties such as hefty monetary fines, driver’s license suspension, jail time, and more.

    Although you may think refusing these tests is in your best interest, it can arouse suspicion. The officer may decide to conduct further testing to evaluate whether your ability to operate a motor vehicle was impaired by alcohol or drugs. Even though you can avoid having this type of evidence of impairment, refusing to submit to field sobriety testing can also lead to an arrest.

    As you can see, submitting or refusing to field sobriety testing can have numerous implications. If you are facing DUI charges, please don’t hesitate to contact a determined attorney from KCS Law who can help you understand your rights and legal options.

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