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Michael Kramer, Attorney At Law.
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A driver does not have to participate in field sobriety tests. Although a driver is deemed to have given consent to a “chemical test” to determine intoxication, field sobriety tests are not chemical tests. Field sobriety tests are used to develop reasonable grounds to believe a suspect has been driving under the influence of alcohol and to request a chemical test. However, because there is no statutory requirement to perform field sobriety tests, a motorist’s refusal to do so does not constitute a separate violation of the Vehicle & Traffic Law.
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