Long Island Field Sobriety Tests Attorney

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Field Sobriety Test

If you have refused to participate in a sobriety test, you may believe you will face legal consequences. Under state law, you are not required to submit to these tests, although you are required to submit to chemical testing, or you will lose your driver's license.

At Prime & O'Brien, LLP, the legal team defends individuals who are caught in the criminal justice system on a DUI charge. The firm has more than 20 years of legal experience and focuses all of their energy and legal skill on defending the criminally accused. This is the level of experience you need by your side if you are accused of DUI as the result of a field sobriety test.

Types of Field Sobriety Tests

If you are pulled over by law enforcement who have the suspicion that you are intoxicated you may be asked to submit to various field sobriety tests. Law enforcement must have reasonable cause before stopping any person for suspicion of drunk driving. There must have been some observable violation, or indication that the driver was under the influence, whether speeding, swerving, running lights or stop signs, or other violation. A person who is operating a vehicle legally and does not have some other violation such as a broken taillight, should not be stopped, and to do so would violate their rights under the U.S. Constitution.

For law enforcement to proceed, it is important that they have probable cause for an arrest. Field sobriety testing is for the purpose of establishing that you were driving drunk. There are a series of tests that measure whether a driver's coordination, mental alertness, and balance are impaired.

These tests include:

  • The Walk and Turn Test
  • The One-Leg Stand Test
  • The Horizontal Gaze Nystagmus (HGN) Test

These tests must be administered correctly. Training is required to administer the tests, but even a trained officer could make a serious error. The results of the tests are evaluated by the officers present at the scene. It can be difficult to perform the tests for many reasons beyond just drunk driving, including age, fear, nervousness, medical conditions and others. Some believe these tests are created for you to fail and ignore many outside factors that can affect your overall performance.

Trust Your Case to Our Lawyer's Hands

A Long Island DUI attorney from the firm should evaluate every detail of your case, including the administration of the tests, the police stop, and the arrest. It may be that your case has very serious errors in the administration of the field sobriety tests, or you may have had your rights violated in the police stop, or other flaw.

Contact us at (516) 670-5992 to get legal representation from a well-respected Long Island DUI lawyer.

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