Can I Refuse Field Sobriety Tests During a DUI Stop in New York?

Getting pulled over and asked to take a field sobriety test can be an anxiety-provoking and uncomfortable experience. Many drivers wonder if they can legally refuse these tests during a DUI stop. The short answer is yes – you do have the right to refuse field sobriety testing in New York. However, there are some important caveats to understand before making this decision.

What are field sobriety tests?

Field sobriety tests are a series of physical and mental coordination tests that officers administer roadside. There are three standard field sobriety tests used in New York^[1]:

• Horizontal Gaze Nystagmus (HGN) – checking for involuntary jerking of the eyes as they follow a moving object like a pen
• Walk and Turn – walking heel-to-toe in a straight line for nine steps, pivoting, and walking back
• One Leg Stand – standing on one leg while counting out loud for 30 seconds

Officers use these tests to look for signs of impairment like lack of balance, inability to follow instructions, or distinct eye movements. Poor performance can give them probable cause to make a DUI arrest and proceed with further testing like a breathalyzer.

Are field sobriety tests mandatory in New York?

No, field sobriety testing is technically voluntary in New York. As a driver, you have the legal right to politely refuse to perform these tests if asked^[2][3]. However, there are risks involved in refusal.

What are the risks of refusing field sobriety tests?

While refusal itself cannot legally be used against you in court, it comes with practical risks^[4]:

• The officer may conclude you’re intoxicated based on refusal alone and proceed with arrest.
• Refusal deprives you of potential evidence of sobriety if you perform the tests well.
• The officer may get a warrant to draw your blood instead, leaving you with no chance to prove sobriety.

In most cases, an officer will make a DUI arrest even without field sobriety testing. Probable cause can be established through other evidence like the initial traffic stop, your appearance and demeanor, smelling alcohol, or poor performance on non-standardized “tests” like reciting the alphabet.

When might refusing field sobriety tests be advisable?

There are some situations where refusal may be in your best interest^[5]:

• You have a medical condition or injury impacting balance or coordination.
• You are elderly and unsteady on your feet.
• The roadside conditions are hazardous (icy, sloped, dark).
• You are extremely nervous and know you’ll struggle due to anxiety.

In these cases, you may fail the standardized field sobriety tests despite not being over the legal BAC limit for driving. Politely refusing and explaining your limitations may prevent erroneous probable cause.

What should I do during a DUI stop if asked to perform field sobriety tests?

Here are some tips if you find yourself in this situation:

• Be polite, cooperative, and respectful – don’t be argumentative or abusive.
• Clearly state “I am declining to perform field sobriety tests on the advice of counsel.”
• If arrested, reiterate your refusal to perform tests or answer questions without an attorney.
• Do NOT perform any unofficial “tests” like reciting the alphabet.
• DO submit to chemical BAC testing like a breathalyzer if requested.

Refusing the field sobriety tests but complying with chemical testing demonstrates you aren’t trying to hide anything and have confidence in your sobriety. An attorney can help craft the right approach for your specific case.

What defenses exist if I refused field sobriety testing?

There are several defenses a DUI attorney can raise if you refused field testing^[6]:

• Lack of probable cause – argue the officer lacked sufficient reason to make the arrest.
• No reasonable suspicion – challenge the basis for even requesting you perform tests.
• Medical conditions – explain legitimate medical reasons you declined testing.
• Inadmissible evidence – file motions to exclude improper or unreliable evidence.

An experienced attorney knows how to carefully examine the details of your traffic stop and identify where the officer overstepped.

What are the penalties for refusing field sobriety tests?

There are no criminal penalties or fines for refusing to perform field sobriety tests during a traffic stop. The direct consequences are simply that it removes a chance for you to demonstrate sobriety before arrest. Indirectly, it may lead to harsher DUI penalties if convicted without that mitigating evidence.

Conclusion

In summary, you have the legal right to refuse field sobriety testing in New York. However, officers frequently make DUI arrests even without them. Speaking with a DUI attorney beforehand can help you make the best decision for your circumstances. Be polite, don’t perform unofficial tests, but comply with chemical BAC testing if asked.

References

1. [1] https://www.bradmazarin.com/test-refusals-in-new-york-state[2] https://www.markicohenattorneynyc.com/can-a-new-york-driver-refuse-to-take-a-field-sobriety-test/
2. [2] https://www.demilialaw.com/case-studies/dwi/can-a-driver-refuse-a-field-sobriety-test-in-new-york/
3. [3] https://www.joneshacker.com/blog/2016/october/can-a-ny-driver-refuse-to-take-field-sobriety-te/
4. [4] https://www.nytrafficfirm.com/traffic-law/criminal-charges/dui-dwi/refuse-a-field-sobriety-test/
5. [5] https://jeffreylichtman.com/new-york-city-dwi-lawyer/field-sobriety-tests/
6. [6] https://www.markicohenattorneynyc.com/can-a-new-york-driver-refuse-to-take-a-field-sobriety-test/