Understanding Field Sobriety Tests
If you have been charged with DWI, it is important to be understanding field sobriety tests and how they can hurt or help your case. Here is what you need to know.
Understanding Field Sobriety Tests | Used to Prove You Were DWAI by Drugs
If you’re charged with driving while your ability was impaired by drugs in New York, it means the police feel that they have sufficient evidence to present in court and prove you were operating under the influence of marijuana or some substance other than (or synergistically with) alcohol. In many such instances, the police try to introduce evidence based on standard field sobriety testing such as breath testing. They may also try to introduce the results of a urine analysis or, in certain instances, a blood test. If any of these circumstances pertains to your case, please consult with and hire a criminal attorney experienced in handling DWI cases.
Understanding Field Sobriety Tests | Challenging Field Sobriety Tests
If you’ve been charged with a DWI in the state of New York, odds are that the police officer asked you to take a standard field sobriety test – or a group of them, such as the one-legged stand, the walk and turn, or the horizontal gaze nystagmus. Those three are the only three standardized field sobriety tests. The officer may have asked you to recite the alphabet without singing or to change your fingers against your wrist several times; however, those are not standard field sobriety tests. I’ve been handling DWI cases in New York for decades. I know all about the standard field sobriety tests – and I know how to challenge those tests, so please give me a call.
Understanding Field Sobriety Tests | Right to Review the Tests
If you were charged with a DWI in the state of New York, and you refused to take the standard field sobriety tests, the judge may very well suspend your driving privileges, and you will have to appear for a chemical test refusal hearing. The state, or the police officer, will have to establish that they had reasonable grounds to believe that you were intoxicated and probable cause to pull you over. The state has certain obligations to establish three things. Number one: there was probable cause; number two, there was adequate reason to believe you were intoxicated; and, number three, they read to you (or told you) the consequences of refusing to take the chemical test and having a refusal. I encourage you to speak to a qualified and experienced attorney about these issues.
If you have been arrested for DWI, please call our office today to get a free consultation with our experienced NYC DWI lawyer Carl Spector.
