Most Rochester residents are familiar with the idea that before placing someone under arrest, the police are supposed to read that person their Miranda warnings or “rights,” which include the right to an attorney and the right against self-incrimination.

Because field sobriety tests – such as reciting the alphabet or walking a straight line – would seem to be asking the driver to perform actions that may incriminate him or her, some people arrested for drinking and driving feel they should have been read these warnings before taking any field sobriety tests.

Unfortunately for these individuals, the courts of New York have consistently found that warnings before taking field sobriety tests are not necessary.

The rationale behind this decision is that the privilege against self-incrimination is limited to preventing the state from compelling a person to provide what is considered testimonial or communicative evidence.

While at least some field sobriety tests, such as reciting the alphabet or performing the finger count, involve speaking and would therefore be classified by many people as “testimonial” or “communicative,” the courts have ruled that they are not.

This is because while these tests have a verbal component, they do not require the defendant to reveal any knowledge or facts related to the circumstances that led to the stop.

Drivers do have a right to refuse to perform any or all of the field sobriety tests they are asked to complete by the arresting officer.

The police, however, are not required to inform drivers of this fact when asking them to perform the tests.

As a result, many drivers will feel that they are obligated to perform these tests when they are not.

We are experienced DWI lawyers who will examine all of the circumstances surrounding an arrest for drinking and driving. If you need legal help, call us at 585-484-7432.