If you are convicted of DWI in the state of New York, it can affect your very ability to provide for your family. Even first-time offenders face a lengthy license suspension, which will make it hard to get to and from work on time or handle basic errands like grocery shopping.
As a result, individuals who are facing charges need to explore all possible strategies for fighting them. One of the most effective ways to avoid a conviction is by challenging the validity of any field sobriety test results.
Anyone who has ever taken a field sobriety test knows that the results are entirely subjective and that it is possible for even sober individuals to fail them. In order for FSTs to provide an accurate evaluation of intoxication, the officer must administer each test properly, and no extenuating circumstance can exist that affects the suspect’s balance, coordination, or focus.
If you are facing DWI charges after failing the breathalyzer or field sobriety tests but you believe their results should not be admissible in court, turn to Darren DeUrso, Attorney at Law. Mr. DeUrso has more than 30 years of experience as a DUI lawyer, and he will aggressively defend your rights. Call 914-772-8614 to schedule a case evaluation with a DWI attorney in Westchester County.
Are the Results of Field Sobriety Tests Always Admissible in Court?
There are two main reasons why law enforcement personnel conduct field sobriety tests: to gather enough evidence of a motorist’s inebriation to make an arrest or to obtain probable cause to conduct additional tests, like a chemical analysis. If police fail to administer the tests properly, though, the results may not be admissible in court.
Do Motorists Have to Submit to Field Sobriety Tests in New York?
Field sobriety tests are optional, which means you have the right to refuse participating in them during a traffic stop; however, if police witnessed you driving erratically or believe they smell alcohol on your breath, they may consider that to be enough of a reason to administer a blood, breath, urine, or saliva test. Unlike field sobriety tests, chemical tests are not optional in the state of New York.
New York has an implied consent law, which means motorists agree to chemical testing when they get behind the wheel of a vehicle. This law grants officials the right to conduct portable breath tests during traffic stops and chemical tests following DWI arrests.
If you refuse to take a chemical test at the request of a police officer, you will face a license suspension, regardless of whether you were actually driving under the influence. And if the officer gathered other evidence of your alleged inebriation, you will still face charges for DWI.
If law enforcement officials have accused you of driving while intoxicated, Darren DeUrso, Attorney at Law will structure a comprehensive defense based on the unique facts of your case. Call 914-772-8614 to schedule a consultation with a DUI lawyer in New York.