Field Sobriety and Breathalyzer Tests

New York City DWI Attorney

If you are stopped for a traffic infraction or at a check point and have alcohol on your breath, you may get arrested. Generally, a police officer will give you an alco-sensor test as well as ask you to perform some field sobriety tests on the side of the road to determine whether you are impaired by drugs or alcohol. The field sobriety test may be to recite the alphabet starting at a letter chosen by the police officer or to stand on one leg. Law enforcement relies on the results of these tests to determine whether sufficient alcohol has been consumed to result in an arrest. Alco-sensor and field sobriety tests are imperfect. It is difficult to stand on one leg on the side of the road in the middle of the night. If the officer did not have sufficient probable cause to make the arrest, the case may be dismissed in court.

Within two hours of arrest, motorists are usually given a Breathalyzer test as well as asked to perform physical tests. Some of the tests that you may be asked to perform are the walk and turn test, the finger-to-nose test and the gaze nystagmus test. In most precincts and station houses these tests are videotaped. This evidence can be especially helpful at court if you did not appear intoxicated or if the police officer's report conflicts with the video tape.

Breathalyzer Test

If you refused a Breathalyzer test, you need representation at a refusal hearing. The penalty for refusing a Breathalyzer test is a one-year revocation of your driver's license, a civil penalty plus insurance consequences. In addition, you will not be eligible for a conditional driver's license unless you plead guilty to an alcohol related offense.

Telephone (212) 213-2145 to speak with Karen Friedman or to schedule a free consultation at her Manhattan law office or by phone.