Free Consultations • Calls Answered 24/7

An Outcome For One
Shapes The Outcome For All

  1. Home
  2.  » 
  3. Dui
  4.  » Should you take a field sobriety test?

Should you take a field sobriety test?

On Behalf of | Apr 5, 2021 | Dui |

In exchange for the privilege of driving in New York, you agreed to submit to a chemical test if you were ever asked to take one. However, it’s unclear whether you have a legal obligation to submit to a standard field sobriety test. These tests are generally used by officers to determine if there is cause to take you into custody on a drunk driving charge.

The potential benefits of refusing to partake in these tests

Refusing to comply with a request to perform a field sobriety test may make it harder for an officer to justify taking you into custody. Furthermore, a lack of objective evidence may make it harder for the state to prove that you were driving while under the influence. However, it is important to note that it is unlikely to reduce your chances of being charged with DUI or other crimes. This is because police have broad authority to take drivers into custody based on subjective criteria alone.

The potential drawbacks of not partaking in field sobriety tests

An officer may conclude that you have something to hide by not taking part in a field sobriety test. Furthermore, he or she may become agitated by the fact that you won’t follow his or her orders. To avoid triggering a negative reaction, it’s critical to refuse an officer’s request in a polite manner.

If you are convicted of drunk driving, you may face penalties such as a fine, jail time and a license suspension. An attorney may be able to help you avoid those penalties by attempting to have evidence suppressed at a pretrial hearing. Your legal representative may also cast doubt on evidence introduced at trial in an effort to help you obtain a favorable outcome in your case.