dui checkpoints
1) how should a law-abiding citizen respond at a suspicionless checkpoint stop when asked if he has had anything to drink?
2) Is there any legal requirement in NY to participate in a field sobriety test if asked by an officer?
1 Answer from Attorneys
Re: dui checkpoints
Answers by number - this is just my opinion by the way:
1 - a few choices:
a. My lawyer told me never to answer a question like that.
b. I assert my Fifth Amendment privilege
c. [blank stare]
There are other options. The wrong answer is "Yes." If that's true, then not answering is better.
2 - No. However, refusing to participate could be used against you in court. Please note that there is a requirement to perform the field breath test, but it's only a traffic violation to refuse that.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
