Almost all DWI arrests in the Rochester area involve members of law enforcement asking the driver to perform certain “field sobriety tests,” such as standing on one leg or reciting the alphabet, for the purpose of assessing the driver’s physical and mental condition.
This request will take place prior to the police officer placing the driver under arrest, and the results of the field sobriety tests will often be used against the defendant at trial.
Being approached by the police can be very intimidating, and it can be very difficult for anyone to refuse to follow a request made by a member of law enforcement.
Under New York State law, however, there is no requirement that a driver perform field sobriety tests just because a request has been made by a police officer.
A driver is within his or her rights to refuse to perform any or all of the field sobriety tests the officer wishes to administer.
A police officer, however, is under no obligation to inform a driver of his or her right to refuse to take field sobriety tests.
Also, the fact that the driver refused the field sobriety tests may be introduced as evidence at trial, and the prosecution is likely to use the refusal to infer that the defendant refused the field sobriety tests because the defendant knew he or she would perform poorly due to intoxication.
If you have been arrested for an alcohol-related driving offense, it is important to have an experienced DWI lawyer who understands your rights.
We have years of experience in defending against DWI charges and would be happy to help you. Call us at 585-484-7432.
Recent Posts
DWI Arrests Spike After the Holidays: What You Need to Know in New York
The holiday season is synonymous with gatherings, festivities, and an uptick in alcohol consumption. While [...]
Thanksgiving DWI Arrests: What Rochester Drivers Need to Know
Thanksgiving marks one of the busiest and most festive times of the year. It’s a [...]
What Happens If You Get a DWI on Halloween in New York?
Halloween is often seen as a night of celebration, full of costumes, parties, and plenty [...]
Navigating New York’s DWI Laws How to Protect Yourself
New York has some of the toughest impaired driving laws in the country. A DWI [...]
How to Challenge Field Sobriety Tests in a DUI Case
Facing a DUI charge can be overwhelming, especially if the arrest involved field sobriety tests. [...]
Understanding Aggravated DWI Charges in New York State
If you are here, you or someone you love may be facing an aggravated DWI [...]
The Impact of a DUI Conviction on Your Driver’s License in Rochester
If you’ve recently been charged with driving under the influence (DUI) in Rochester, you’re likely [...]
First-Time DWI in New York Penalties and Your Legal Options
If you’re reading this, chances are you’re facing the serious charge of driving while intoxicated [...]