New York Field Sobriety Test
A New York Field Sobriety Test Lawyer can explain that it is not uncommon for errors to happen during the administration of a Field Sobriety Test. Police use these tests as tools to determine whether or not someone is Driving While Intoxicated. It is important to note that, unlike tests for breath, blood or urine to determine sobriety, field sobriety tests are not covered under the laws of Implied Consent. This means that legally, you can refuse to take the test. There are many legal details involved in these tests, and being charged with a DWI or DWAI in general. It is important to give yourself every chance of success with your legal matter. Contact an experienced New York Drunk Driving Defense Lawyer from Stephen Bilkis & Associates, PLLC as soon as possible for legal advice and guidance.
There are several common tests given by police officers if someone is suspected of a DWI. According to the National Highway Transportation Safety Commission, if an individual fails these three common tests, there is an 85% chance that the person is Driving While Intoxicated. These tests include the horizontal gaze nystagmus test, the one leg stand, the walk and turn and the finger to nose test. The last three tests are self-explanatory. The first test involves the driver following an object with their eyes in a horizontal fashion. Interestingly, if the subject is intoxicated, the eye movement will usually skip, and not move smoothly from left to right. The problem with these tests is that it is automatically assumed that everyone could do these tests sober. Some people may not be able to properly perform these tests, particularly if they have a medical condition that affects their performance. That is why it is so important to speak with a New York DUI Lawyer from Stephen Bilkis & Associates, PLLC if you have been charged with a DWI. There are many different factors that can come into play with a DWI arrest, and it takes a qualified lawyer to be able to properly defend you and ensure that your rights are protected.
In New York, Section 1194 of the New Your Vehicle and Traffic Law governs DWI arrest and field sobriety testing. When the police officer asks you to take a Field Sobriety Test, it is important to remember that they are looking at everything. Everything you say and do can be used as evidence, and can give the officer Probable Cause to ask you to submit to sobriety testing. The problem with these tests is there is a lot of grey area. Because these tests are subjective, the police officer has a lot of power to make the judgment call as to whether you have been driving while intoxicated.
If you have been charged with a DWI, it is important to speak with a qualified New York DWI Lawyer from Stephen Bilkis & Associates, PLLC. An experienced lawyer from our team may be able to create a defense strategy that can give you the best possible result for your situation. When you contact our office, you will receive a completely free initial consultation. Whether you have been charged with a Felony DWI, Aggravated DWI, or a DWI or DWAI charge, we want to help. Come into any of our conveniently located offices in New York, such as Manhattan, the Bronx, Brooklyn, Queens or Staten Island. We also have locations in Nassau County and Suffolk County on Long Island, as well as Westchester County. Call us today for an appointment at 800.696.9529.