Tell him of the condition. An officer will do what he does based upon all his observations, not just an eye test.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Maybe get a letter from your doctor to carry in the car.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
In addition to the answers provided by my colleagues, I would only add that if you are pulled over and have been drinking, refuse to take any and all roadside sobriety tests. The officer will use the tests to establish probable cause to arrest you for dwi. Why give it to him. Respectfully decline ALL tests.
You should have a letter from your doctor and advise the officer of any injuries, medical conditions, and disorders as they will do different tests. If you are highly intoxicated, as in 10-15 drinks you should refuse all tests as you will fail and get a .18 or more BAC, twice the legal limit and fail all the field sobriety tests as well. If you had only two drinks take all the tests and ask him not to do the eye test. Please choose best answer if this helps.