Roadside sobriety test

Asked over 1 year ago - Buffalo, NY

I have a tremor disorder and an eye condition that does not prevent me from driving but would be a problem I have been cleared by doctors If an officer would give me roadside test for for sobriety what is the proper thing to tell him

Attorney answers (4)

  1. Joseph A Lo Piccolo

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  2. Eric Edward Rothstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.... more
  3. John Paul Thygerson

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . 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.

  4. John J. Carney

    Pro

    Contributor Level 14

    Answered . 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.

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