What Field Sobriety Tests Are Designed to Prove
In New York State, field sobriety tests are designed to identify evidence of intoxication to support a DWI arrest. Failure of any or all of these tests will be considered by the officer in making decision to arrest the drive for DWI. The motorist is not required to submit to these tests. However, refusal will be interpreted as a lack of cooperation by the officer and may cause the officer to arrest the driver.
If the motorist consents to submit to the field sobriety test, they will be requested to exit the vehicle, and the officer will instruct as to how to perform the test prior to taking each FST test Each test is governed by a strict protocol and the instructions must be in compliance with the established protocol. Any deviation will subject the officer to intense cross examination at trial or pre-trial hearings.
Indeed, the results of the test could be suppressed if the deviation is viewed by the court as significant. Contact your local Chautauqua County DWI Attorney if you have any concerns you would like a ddressed.
