The driver can apply for reinstatement after five years but may be required to complete a rehabilitation program and be subject to other driving restrictions. If you've been arrested for driving while intoxicated in New York, it's a good idea to talk to a DWI lawyer. DWI law is complicated and the facts of each case are different. A qualified DWI attorney can tell you how the law applies to your case and help you decide on the best course of action.
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Need Professional Help? Nolo can help you find local lawyers ready to solve your legal needs Connect with a DUI attorney today. In other cases, attacking the reliability of a field sobriety test may be part of a defense strategy.
A deviation from the testing procedures, an officer who was not properly trained or certified to administer a field sobriety test, or other issues in the case may lead a judge to suppress evidence of the test results.
There are many innocent reasons why a person may fail a field sobriety test. For example, a driver with a physical limitation due to age, disease, or a medical condition may be unable to successfully complete one or more of the tests. A DWI attorney with detailed knowledge of your case can provide personalized advice regarding your defense.
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If you are stopped by police, who request that you take a field sobriety test, then you are legally obligated to take the test as refusal may lead to immediate license suspension. If you face arrest after carrying out the test, you should refuse to take any other tests that are requested of you, including breath, blood or urine.
Although a jury may view your refusal as suspicious, if you complied with the New York Field Sobriety Tests, your DWI attorney can demonstrate to the jurors that you were cooperative with police, and were then arrested, as a result of which you refused to submit to a breath test. Police officers spend several hours in training on ways in which to administer the tests, and are given sufficient time in which to practice them. They are given a cheat sheet that is one page in length that contains diagrams and information to help them remember what to look for when you are completing the tests.
However, police officers will not show you that cheat sheet to enable you to view beforehand what they are looking for in your performance of the tests. If you start too quickly, the officers may use that against you, and subsequently, remind the jury that you were unable to follow a basic direction to wait until you were told to start the test.
They may say that this is an indication of impairment. The officer will then request that you walk in a straight line, putting one foot before the other, making contact between heel and toe. Do not lift your arms for balance. Do not step outside the line or create a gap that is more than six inches between your heel and toe. Following your ninth step, you will have to turn in a certain way. They will request that you take a number of small pivot steps while planting one foot down as the pivot point.
You will then have to walk nine steps back to the point at which you started. If you step outside the line, correct yourself right away and continue. While the majority of DUI officers will allow you to restart the test, they may later tell the jury that you needed to attempt to take the test two or three times. Before carrying the HGN test, the officer is required to ask you a number of questions.
They wish to make certain that you do not wear corrective lenses; are not afflicted with head trauma; or are not taking certain medications. Therefore, if you have nystagmus, they will argue that it is associated with impairment by alcohol. There may be times when you have to do this while counting out loud for approximately 30 seconds or until the officer instructs you to stop.
If you begin to hop on your foot in order to maintain your balance, it will not count in your favor. It is best to stay composed and relaxed. Attempt not to lift your leg to such a height that it produces a greater risk that you will lose your balance. If you have an issue with a leg, knee, foot, ankle, back or any other medical problem that you believe could adversely affect your capacity to perform the test, inform the officer prior to starting the test. This should be part of the official record.
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