Can a person refuse to take a sobriety test if they are stopped by a police officer?

In New York, a person who is stopped by a police officer for suspected drunk driving can refuse to take a sobriety test. There are a few different types of sobriety tests a person can be asked to take, including a breath, blood, and urine test. Refusing to take any of these tests is considered a refusal and can lead to certain penalties, such as an automatic year-long driver’s license suspension. However, individuals have the right to refuse to take these tests unless they are arrested. Refusing to take a sobriety test should be done in consultation with an attorney, as there are consequences for refusal. For example, if a person is found to have a BAC of 0.08 or higher, they may face criminal charges for impaired driving and/or DWI, and the refusal of a sobriety test may be used as evidence against them in court. It is important to note that even if a person refuses a sobriety test, they may still be tested for drugs or alcohol without their consent. If the police obtain a warrant, they can order a test to measure blood-alcohol content or conduct other tests to determine if a person has consumed drugs or alcohol. Refusing the test may make it more difficult for the police to prove that a person was driving under the influence. Ultimately, it is important to consult an attorney before making any decisions about a sobriety test. Refusing a sobriety test can have significant consequences and should be done with careful consideration.

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