Field Sobriety Testing
New York DUI Field Sobriety Testing Statute
When someone is pulled over under suspicion of DUI in New York, the police officer controlling the stop has the option of performing several different tests to determine if the driver of the vehicle in question is impaired if probable cause to do so arises. One of those options for the police officer is to administer field sobriety testing on the driver.
Field sobriety testing has come under scrutiny by many who have challenged the nature of the tests and the inherently subjective measurement of the results, but the fact remains that field sobriety testing is still a fundamental component of a typical DUI investigation in New York. Below is a brief overview of the statutory language that deals with field sobriety testing, and if you are facing prosecution for DUI in New York, contact the Blanch Law Firm as soon as possible to schedule an initial consultation.
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Below is the statutory language that gives the police the ability to investigate a suspected DUI in New York:
§ 1194. Arrest and testing.
Arrest and field testing.
Arrest. Notwithstanding the provisions of section 140.10 of the criminal procedure law, a police officer may, without a warrant, arrest a person, in case of a violation of subdivision one of section eleven hundred ninety-two of this article, if such violation is coupled with an accident or collision in which such person is involved, which in fact has been committed, though not in the police officer's presence, when the officer has reasonable cause to believe that the violation was committed by such person.
Field testing. Every person operating a motor vehicle which has been involved in an accident or which is operated in violation of any of the provisions of this chapter shall, at the request of a police officer, submit to a breath test to be administered by the police officer. If such test indicates that such operator has consumed alcohol, the police officer may request such operator to submit to a chemical test in the manner set forth in subdivision two of this section.
As you see, the police officer has the option of putting a driver through scientifically-driven field sobriety testing to establish whether or not a driver is impaired, and if that turns out to be the case, the officer can require a generally more accurate chemical test.
If you have been arrested for DUI, contact the Blanch Law Firm immediately to schedule an initial consultation.