What Happens If You Refuse a Field Sobriety Test in New York?

Getting pulled over on suspicion of driving while intoxicated (DWI) is nerve-wracking. In the moment, many drivers aren’t sure how to respond, especially when an officer asks them to perform a field sobriety test. It’s a common point of confusion: Do you have to say yes? What happens if you say no? In New York, the rules are more nuanced than many people realize.

Here, our Albany criminal defense attorneys at O’Brien & Eggleston, PLLC, explain.

What Are Field Sobriety Tests?

Field sobriety tests (FSTs) are physical and cognitive exercises that police officers use to assess whether a driver may be impaired. These tests typically include walking heel-to-toe in a straight line, standing on one leg while counting, or following an object with your eyes. The goal is to evaluate balance, coordination, and the ability to follow directions—skills that may be affected by alcohol or drug use.

However, these tests are not foolproof. A person could fail for many reasons unrelated to impairment, such as anxiety, poor balance, medical conditions, or even road and weather conditions. That’s why understanding your rights is essential.

Are You Required to Take a Field Sobriety Test?

You are not legally required to perform a field sobriety test in New York. These tests are voluntary; refusing them carries no automatic penalties like fines or license suspension. This differs from chemical tests, such as breath, blood, or urine tests, which are governed by New York’s implied consent law and can result in immediate consequences if refused.

That said, refusing a field sobriety test isn’t without risks. Police officers may still arrest you based on other signs of impairment, such as slurred speech, the smell of alcohol, or erratic driving behavior. In court, prosecutors may try to use your refusal as evidence that you were trying to hide your condition.

What Are the Risks and Benefits of Refusing?

Refusing a field sobriety test might prevent you from providing potentially damaging evidence, but it doesn’t guarantee that you won’t be arrested.

Potential Benefits of Refusing:

• You avoid giving the officer more evidence that could be used against you.
• They won’t be misinterpreted if you have balance issues or other non-impairment-related challenges.

Possible Consequences:

• You could still be arrested based on other observations.
• Your refusal might be mentioned at trial to suggest guilt or non-cooperation.

Ultimately, your decision should be based on your specific circumstances, and it’s wise to stay calm and polite, no matter your choice.

Why You Need a Criminal Defense Attorney

Whether you agreed to take the test or not, if you’ve been charged with DWI in New York, legal help is critical. Our skilled criminal defense attorney can evaluate the legality of the stop, how the officer conducted any tests, and whether your rights were violated. We can also challenge the strength of the evidence and work to reduce or dismiss the charges.

Get Help After a DWI Arrest

If you’re facing DWI charges in Albany County or the surrounding area, the consequences can be severe, but you don’t have to face them alone.

Contact the experienced criminal defense attorneys at O’Brien & Eggelston, PLLC at 518-391-2369 or online today for a confidential consultation. We’re ready to protect your rights and fight for your future.

Related Links: