Can You Refuse Field Sobriety Tests in New York?

Your Rights Regarding DWI Field Sobriety Test Refusals

Check out the following educational legal video by Lisa A. Poch, an experienced Hamburg DWI Attorney where she answers the common question “can you refuse field sobriety tests in New York?”.

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Sometimes, in conversation with friends, family, or clients – or just talking with people in our community – I’m asked this question, “If I’m stopped for drinking and driving and questioned by an officer, do I have to take the field sobriety test?” My answer to that question is, “No, you don’t have to, but you always want to be cooperative, and compliant, and listen to the officer who pulls you over because they’re charged with a really hard job every day – to be out on the road keeping us safe.”

While you don’t want to be difficult, you do want to keep in mind the fact that, once they stop you and ask you to get out of your car you’re not getting back in your car. You’re going to be arrested. At that point, whatever the officer asks you to do in terms of a field sobriety test provides evidence that can be used against you in a criminal prosecution. Be polite and deferential, but don’t be afraid to refuse to do anything if you don’t think the results will be in your best interest.

If you’ve been arrested for DWI, and refused a DWI field sobriety test, It’s important to retain an experienced Hamburg DWI Attorney as soon as possible to help protect your freedom and minimize your consequences. Contact Chiacchia & Fleming, LLP to schedule a free confidential consultation today. Let our experience work for you.

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