New York DWI Field Sobriety Testing Law

If you are pulled over under the suspicion of DWI in New York State, the police officer stopping you has the option of performing numerous tests on you to determine if you are impaired.  The police officer pulling you over needs to have probable cause to perform such a test.

The police officer may perform a field sobriety test to determine whether you, the driver, are impaired and capable of being charged with DWI.

Field sobriety testing has been criticized for not being a valid way to assess whether a driver is actually impaired.  The tests are very subjective, meaning that the police officer has the power to make the judgment of whether you are impaired, rather than a slightly more objective measurement like a blood alcohol content (BAC) reading.

Regardless of its imperfections, field sobriety testing is still an often used test during a DWI, DUI or drunk driving police investigation.

If you or your loved one has been arrested or charged with DWI, DUI or drunk driving in New York, it is extremely important that you call our 24 hour New York DWI  / DUI criminal defense emergency hotline at (866) 213-1933 now…

New York DWI Field Sobriety Testing Statute

§ 1194. Arrest and testing.

  1. Arrest and field testing.
    • Arrest. Notwithstanding the provisions of section 140.10 of the criminal procedure law, a police officer may, without a warrant, arrest a person, in case of a violation of subdivision one of section eleven hundred ninety-two of this article, if such violation is coupled with an accident or collision in which such person is involved, which in fact has been committed, though not in the police officer’s presence, when the officer has reasonable cause to believe that the violation was committed by such person.
    • Field testing. Every person operating a motor vehicle which has been involved in an accident or which is operated in violation of any of the provisions of this chapter shall, at the request of a police officer, submit to a breath test to be administered by the police officer. If such test indicates that such operator has consumed alcohol, the police officer may request such operator to submit to a chemical test in the manner set forth in subdivision two of this section.

If you’re pulled over by a police officer, the officer can perform a field test to determine whether further chemical testing is required.

If you or your loved one has been arrested or charged with DWI, DUI or drunk driving in New York, it is extremely important that you call our 24 hour New York DWI / DUI  defense emergency hotline at (866) 213-1933 now…

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