Long Island Field Sobriety Tests Attorney
Searching for a DUI Attorney in Long Island?
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.