Field Sobriety Testing

New York Sobriety Test Refusal and Breathalyzer Lawyer

When you are stopped by the police in New York on suspicion of driving drunk, you will be expected to perform a series of sobriety tests. Despite what law enforcement officials believe about the scientific validity of these drunk driving tests, they are extremely difficult to pass, even by people who are not drunk.

Criminal defense attorney Thomas W. Ryan will expose any irregularities or flaws in the administration of field sobriety tests by law enforcement officials. From Syracuse to Binghamton, to communities in Oneida County and surrounding areas, drivers throughout the State of New York count on him for comprehensive criminal defense services. He will always challenge any DWI/DUI conviction backed by unreliable field sobriety test results.

To schedule a free consultation about field sobriety testing and your DWI charges, contact Thomas W. Ryan at 866-478-8725 or 315-849-5962 for a free consultation.

Attorney Ryan is able to defend you against improper sobriety test results, including those associated with the following:

• Horizontal Gaze Nystagmus (HGN) test - also called the pen test, an officer holds a pen or their finger close to your face and moves it from side to side looking for jerking movements in your eyes
• Heel-Toe Test - sometimes called the walk and turn test, this measures your ability to follow directions by walking heel to toe in a straight line for a certain number of steps before turning and walking back in the same manner
• One-Leg Raise Test - drivers are told to stand on one foot and hold the other off the ground for a certain period of time. Any loss of balance or putting the foot down before the designated time expires may be taken as evidence of intoxication
• Alco-Sensor Test - similar to the breathalyzer test administered later, drivers blow into a hand-held box to give the officer a preliminary breath test reading that is not admissible in court
• Other sobriety tests - these can include the nose touching test, the alphabet test or the number counting test

Most of these field sobriety tests rely heavily on the opinion of the officer and are often conducted improperly.

Refusal to Take a Chemical Test

Drivers are also subject to more sensitive blood alcohol testing or chemical testing if they are arrested for DWI/DUI/DWAI and taken back to the police station. Here, they may mistakenly refuse to consent to a breath test or chemical test, believing they have already taken such a test at the time of the stop.

While you will only receive a ticket if you refuse to take a sobriety test in the field, refusing to take a more sensitive chemical test or blood alcohol test can involve substantial penalties and fines on top of those for a DWI/DUI conviction. You can face up to $750 in fines, and a license revocation of anywhere from 12 to 18 months depending on the situation. Furthermore, under the New York's Zero Tolerance Law, drivers under the age of 21 who refuse chemical tests are subject to a one-year license revocation and a $300 fine.

To find out how drunk driving defense lawyer Thomas W. Ryan can help you avoid losing your driving privileges, call 866-478-8725 or 315-849-5962 to schedule a free consultation. You may also fill out a short form on the contact us page. He is available to represent clients in Syracuse and throughout New York, including Manlius, Liverpool, Baldwinsville, Rome, Ithaca, Cortland, Oswego, Cicero, Auburn, Watertown, Binghamton, Utica, Oneida, and Fayetteville.