Challenging Your Field Sobriety or Breathalyzer Test
Everything that happened in your DUI/DWI stop is important in your drunk driving case. Did the officer ask you to take a field sobriety test or blow into a Breathalyzer? Did he or she have a good reason to suspect drunk driving? Did you refuse to take a breath or blood test?
New York field sobriety test lawyer Seth Ian Katz has more than a decade of experience investigating and defending drunk driving cases. He works hard to find flaws in the evidence against his clients and use those flaws to weaken the prosecution's case. To learn more about how Katzlawyers.com can defend your DUI/DWI case, contact our law office.
Field Sobriety Tests
Field sobriety tests only give officers a probable reason to make an arrest. They are not definitive and are very subjective. The officer interprets and judges everything that occurs by himself/herself, which can cause serious problems. Our New York field sobriety test lawyer will evaluate and challenge the officer's judgment and the accuracy of your test, whether it involved:
- Vertical and horizontal gaze nystagmus: In this test, the officer uses a small object to determine if you can smoothly follow it with your eyes (both horizontally and vertically).
- One leg stand: The officer uses this test to determine whether you can follow directions and keep balance while standing on one foot and counting.
- Walk and turn: This common test involves walking in a straight line, heel-to-toe.
- Finger-to-nose: During this test, suspects must try to bring their fingers to their noses while standing straight and closing their eyes.
Many of these tests assume that you can do them when sober. Many people have other medical conditions that can prevent them from passing some, if not all, of the field sobriety tests. If you have a medical condition that might have played a role in your field sobriety test, we will make sure the court knows about it.
Breathalyzer Tests
You made a choice during your traffic stop. You may have decided to blow into a Breathalyzer and now you face DWI charges. Or, you may have decided to refuse to blow and now the DMV has suspended your license.
Generally, challenging Breathalyzer test results is very difficult — if it is reasonable to bring in experts to challenge your results, we will do that. However, we also try to keep costs low for clients, which means it may be more beneficial to plea bargain your case and find a treatment alternative (such as inpatient and outpatient counseling) that keeps you out of jail.
Whether or not you refused to blow into a Breathalyzer, you likely face license suspension/revocation. Our Manhattan Breathalyzer test lawyer, Seth Katz, represents clients during both the criminal DWI trial and administrative license revocation hearing. We understand how important having your license is, especially for people who need to get into the city to work every day. If we cannot get your case dismissed, we can request a conditional license to allow you to drive to school or work while your license is suspended.
Contact an Experienced Manhattan Breathalyzer Test Lawyer
For more information or to schedule an appointment with an experienced New York field sobriety test attorney, please contact us. Call Katzlawyers.com in Manhattan at 212-747-0606 or in Staten Island at 718-876-8105.
