Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

Interviewer: What would you say are some of the common misconceptions that people have about the sobriety test?

It Is Unlikely a Driver Will Satisfactorily Perform the Field Sobriety Tests

Michael Kramer: If they perform the test well it’s going to exonerate them and they will not be arrested. That’s the main misconception. It is not true. If a police officer smells alcohol he’s going to look for additional evidence and if he doesn’t observe it he’s going to exaggerate, usually make it up and these field sobriety tests are just designed to gather more evidence. He’s going to find something wrong with the field sobriety tests to back up a conclusion he’s already reached.

These field sobriety tests are designed to fail. Cold sober persons can’t pass them and therefore the question becomes out on the scene should a motorist agree to participate in them?

The Instructions for the Tests Can Be Subject to Misinterpretation

Interviewer: Do you think there’s any sort of miscommunication or misinterpretation? If so, what instructions get miscommunicated during the process?

Michael Kramer: The main miscommunication occur in the detailed instructions that a motorist is given as to how a police officer wants him to perform each test. They’re pretty detailed instructions and the police officers are looking to see that they’re followed meticulously. Therefore, if a motorist forgets one or two of the instructions and does the test as he or she feels is appropriate that’s going to count against them and count as a failure.

Interviewer: Do you think there is also an intimidation factor?

Michael Kramer: When you’re on the side of the road usually late at night as other cars are speeding by and you’re pulled over by one or two police cars with their lights flashing, it is fairly nerve-wracking. Anyone who passes by sees you standing there conducting field sobriety tests, and it’s pretty stressful. This is why I say that nobody can pass these tests, not 100%.

A Motorists Performance of the Field Sobriety Tests Can Be used as Evidence against Them at Trial

Interviewer: How exactly are these field sobriety tests used against someone?

Michael Kramer: They’re used against someone as a basis for arrest. They’re used against someone at a trial as evidence that they were under the influence. They are used along with a chemical test if the motorist agrees to submit to one as well as with observations of the police officer. And if the chemical test is refuses, they are sometimes used as the only evidence of guilt. That, as I will explain later, is the best scenario.

It Isn’t Common Knowledge that a Driver Is Not Obligated to Perform the Field Sobriety Tests

Interviewer: Just for the record, is it mandatory that a motorist perform these tests?

Michael Kramer: No it’s not mandatory. A person can refuse a field sobriety test as he can a chemical test.

Interviewer: Is it common knowledge that people don’t really have to take this test or are people unaware of this and take it anyway?

Michael Kramer: It is not common knowledge that you can refuse the test. That’s where an intimidation factor comes into play. Usually the police officers will attempt to convince you to take the test. Most motorists try to please a police officer in the hope that he will not arrest you. It’s very hard for a motorist to take a stand and say I’m not taking it.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161