Do You Have To Take The Field Sobriety Tests in New York?
There is no rule saying you have to submit to field sobriety tests in New York, but if you do not take the test, you may be placed under arrest and taken to jail. However, failure to perform the field sobriety tests may work to your advantage. With out a negative result on the field sobriety test, the police will not be able to testify as to your performance on the tests. On the other hand your refusal to perform the field sobriety tests may be viewed negatively by a judge or jury at a trial.