Albany, NY asked in DUI / DWI for New York

Q: If I'm pulled over by a cop, am I legally required to submit to a field sobriety test?

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2 Lawyer Answers

Michael D. Litman

  • DUI & DWI Lawyer
  • White Plains, NY
  • Licensed in New York

A: You are not legally required to submit to anything. You can refuse all tests. But that refusal can be used against you at trial and in plea bargaining. Additionally, your drivers license may be revoked if you refuse to take a chemical test (test of your breath, blood or urine).

Michael Charles Cimasi

  • DUI & DWI Lawyer
  • Amherst, NY
  • Licensed in New York

A: No. You can decline. The prosecution will construe the refusal against you, but they will not have the test results to use as evidence.

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