Reader’s Question:

I haven’t actually been arrested for drunk driving here in Bronx, New York. But I know a lot of people who have already been charged with DUI. I’m just curious, can a person be convicted of a DUI without consuming alcohol? If ever I get arrested for DUI, should I take the field sobriety test?

Alma

Bronx, NY

In New York, anyone can be convicted of a DUI without consuming alcohol. That’s because a person can be convicted of DUI by being under the influence of a controlled substance (for example, marijuana or prescription medications), even legal prescription medications prescribed by a doctor, or any other substance that renders a person incapable of driving safely, which can include glues, paints, or even over-the-counter medications.

Should you be caught with drunk driving in Bronx, New York, you can refuse to take the field sobriety test (FST) for there is no reason to give a jury more evidence to convict. The police officer has normally already decided to arrest you anyway. FST just gives them more ammunition at trial, and the tests are completely subjective. However, if you do take the FST and fail, there are several means to attack that evidence at trial. One defense that you can use is if the procedures on FST’s are not properly followed by the police officer.

Tags: DUI, DUI advice