Q: Is it possible to refuse to take field sobriety tests when you are arrested for DWI?
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- New York
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A: Yes, you can refuse to take field sobriety tests such as the "walk and turn", one leg stand and Horizontal gaze nystagmus tests. However, if the case goes to trial, the district attorney's office can introduce your refusal to take the tests into evidence on the basis of "consciousness of guilt." Inotherwords, to try to convince a jury that if you were innocent, you would not have refused to take the field sobriety tests.
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