Can I refuse field-side sobriety tests?
December 9, 2024
By Suffolk County DWI Lawyers
Can you refuse to perform "field sobriety tests" at the request of a police officer? Yes, you can legally refuse to take a field sobriety test in New York, including in Suffolk County:
No legal obligation.
There is no legal requirement for drivers to take field sobriety tests in New York.
No civil penalties.
New York's implied consent law does not impose civil penalties for refusing a field sobriety test.
Important Note, this is different from refusing a breath test, which, depending on the circumstances, could result in a (1) year revocation of your driving privileges in Suffolk County, New York.
No automatic license suspension.
Refusing a field sobriety test does not result in an automatic driver's license suspension.
It can be used as evidence against you.
However, a refusal can be used as evidence against you in court during a DWI trial.
Suffolk County law enforcement may argue guilt.
Suffolk County law enforcement may try to argue that your refusal is an admission of guilt, but this argument may not necessarily hold up in court. Suffolk County, New York, is an "implied consent" County, as is all of New York, which means that licensed drivers automatically agree to allow a chemical test to determine their blood alcohol content if the police officer has some probable cause to believe the driver may be impaired. However, this implied consent does not apply to "field sobriety tests".
A skilled DWI lawyer in Suffolk County can help.