Syracuse DWI Lawyer Resources
Anelli Xavier is a team of highly motivated and skilled DWI attorneys in Central New York who are committed to obtaining the best possible result for our clients and providing them with the information they need to make informed and meaningful decisions about their drunk driving arrest.
At Anelli Xavier, DWI defense is all we do. By limiting our legal practice exclusively to driving while intoxicated defense, it is our intent to provide our clients with exceptional legal representation with regard to their Syracuse DWI arrest.
Tom Anelli, the DWI Guy, a nationally respected DWI defense attorney, personally assembled at Anelli Xavier an experienced team of drunk driving lawyers which includes former prosecutors and capable criminal defense attorneys. With their knowledge of the complex science used by prosecutors in Central New York and understanding of evolving DWI laws, our Syracuse drunk driving lawyers have the experience necessary to achieve the best possible result on behalf of our clients.
Drunk Driving Defense in Central New York
Syracuse drunk driving defense is a complex and demanding practice of law. The outcome of a Syracuse DWI arrest in Syracuse is often based on a drunk driving attorney’s knowledge of DWI defense and ability to identify possible defenses from a thorough review of available police reports and pretrial testimony by law enforcement.
With this knowledge, our experienced Syracuse DWI attorneys can often successfully negotiate a favorable resolution for our clients without the need for trial and, if a trial is appropriate, develop effective trial strategies necessary to effectively defend our clients charged in Central New York with driving while intoxicated.
Consequences of a Syracuse Drunk Driving Charge
One of the most challenging aspects of Syracuse drunk driving defense is the myriad of possible consequences associated with a DWI arrest. When a person is first arrested for drunk driving, their first thought is often the effect that a possible criminal DWI conviction will have on their life or about the potential for a jail or prison sentence. While trying to limit the likelihood of these consequences is the cornerstone of all driving while intoxicated defenses, there are other and, at least for some clients charged with a Syracuse DWI, more important considerations.
Among the many potential negative consequences of a Syracuse drunk driving arrest is the impact it can have on an accused’s driver’s license. Central New York does not have the public transportation options available in places such as mid-town Manhattan. Therefore, most individuals with a Syracuse driving while intoxicated charge need a driver’s license to keep their jobs or to do essential activities like medical appointments and grocery shopping.
This important issue, like many of the consequences associated with a Central New York drunk driving arrest, has been the subject of repeated legislation through the years resulting in a complex and convoluted patchwork of DWI laws. Attorneys who do not commonly handle drunk driving arrests may not be familiar enough with evolving DWI laws to properly advise clients about these nuanced but essential issues and, as a result, take the same approach to driving while intoxicated defense on each case.
At Anelli Xavier, our Syracuse drunk driving lawyers know there is no “one size fits all” approach to drunk driving defense. Instead, it requires a thorough understanding of driving while intoxicated law and a DWI defense tailored to the individual needs of each client.
Our DWI Attorneys Commitment to Clients
Our DWI lawyers also understand that effective drunk driving defense involves more than achieving the best possible outcome. We understand that a driving while intoxicated arrest is often the first interaction that many of our clients will have with law enforcement and the criminal courts in Central New York. For this reason, a Syracuse drunk driving arrest is an uncertain and overwhelming experience.
To this end, the drunk driving attorneys at Anelli Xavier are committed to helping clients completely understand the DWI charge pending against them. By ensuring our client understands their Central New York DWI arrest, they have peace of mind knowing what exactly is being done to defend them and that they will have the knowledge necessary to make important decisions about their Syracuse drunk driving charge.
Anelli Xavier’s DWI Lawyers Can Help
If you or a loved one has been charged with a DWI in Syracuse or elsewhere in Central New York, then our experienced and knowledgeable drunk driving attorneys can help obtain the best possible outcome.
If you or someone you know has been arrested for a DWI charge in New York, you need an experienced legal team that has successfully defended thousands of people charged with DWI. The penalties and punishment for a DWI in New York are very severe, and if not handled properly, the negative impact can last a lifetime. Contact us right now for help: 1-800-482-6028.
Anelli Xavier represents clients charged with drunk driving charges throughout the Syracuse region, including within these courtrooms:Oswego City Court | Town of Volney Court | Schroeppel Town Court | Constantia Town Court
Hastings Town Court | Auburn City Court | Syracuse City Court | Salina Town Court | Manlius Town Court
Camillus Town Court | Cicero Town Court
Syracuse DWI Law Articles
Disclaimer: The exclusive purpose of these articles is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Anelli Xavier are located at 269 W. Jefferson St.; Syracuse, New York 13202; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.
A very notable US equestrian team member is in the news this week for violating DWI laws, rather than riding horses. According to reports, Laura Bowery-Falco faces DWI charges after a July 11 incident involving her nanny, a brawl, and, allegedly, alcohol. The case demonstrates that New York DWI law is strictly enforced, especially when it comes to driving drunk with children in the car.
According to the New York Post, Ms. Bowery-Falco is alleged to have become very aggressive with her 20-year-old nanny, after the nanny pleaded with her not to driver with her daughter while being intoxicated. Ms. Bowery-Falco’s 14-month-old daughter was in the nanny’s arms when Mr. Bowery-Falco allegedly began to beat the nanny in an attempt to regain possession of her daughter. During the physical altercation, Ms. Bowery-Falco allegedly pulled the nanny’s hair, grabbed her neck, wrestled her to the floor and attempted to punch her in the face, all while the nanny held on to her daughter. At some point, it appears that Ms. Bowery-Falco was able to collect the young child from the nanny and put the child into her vehicle. Ms. Bowery-Falco then allegedly sped off to her mother’s home.
When Ms. Bowery-Falco reached her mother’s home, police officers observed her exiting her vehicle and determined that she was intoxicated. She was arrested and charged with aggravated DWI, endangering the welfare of a child, and harassment. read more »
Nanny attempts to stop alleged drunk mom from driving away with child in car
The New York Daily News recently reported the story about a former U.S. equestrian team member and mother of two children who allegedly drove her vehicle drunk with one of her children in the car. In an attempt to stop her boss from driving away drunk, Rebycka M. Williams – the children’s 20 year-old nanny – allegedly confronted the mother of two, Laura Bowery-Falco (44, of Noyack, New York). The confrontation then turned physical. According to police, Ms. Bowery-Falco pulled the nanny to the ground by her hair and attempted to hit her face.
After the struggle, Ms. Bowery-Falco allegedly sped away in her vehicle to her mother’s house with one of her kids in the car. The nanny did not incur serious injuries. The 14-month old in the vehicle was apparently unharmed. Police arrested Ms. Bowery-Falco several houses down the road from the incident.
Ms. Bowery-Falco appeared in Southampton Town Justice Court. She was charged with aggravated driving while intoxicated (DWI), endangering the welfare of a child and harassment. The equestrian stable owner – Ms. Bowery-Falco – is not allowed to have contact with her children due to the incident and arrest.
Driving while intoxicated (DWI) is a crime in the state of New York. In general, if a person (over the age of 21) has a blood alcohol content (BAC) of 0.08 percent or higher, that person is deemed drunk and will most likely be charged with a DWI. Should the BAC reading indicate that an individual’s alcohol content is 0.18 percent or higher – then the charges are ramped up to aggravated DWI. Aggravated DWIs entail harsher penalties. read more »
How the Breathalyzer works
When a driver is suspected of committing a DWI offense, he or she may be given a breath test on a device known as the Breathalyzer to determine their blood alcohol concentration (BAC). Many law enforcement officials make use of the Breathalyzer machine in DWI cases because it is able to give a direct digital reading of a suspect’s approximate blood alcohol level.
The Breathalyzer machine works by giving measurements of alcohol level by monitoring expired air from a DWI suspect’s lungs. The Breathalyzer machine uses a color reaction to detect alcohol; the degree of color change that the machine shows is related to the alcohol level in the breath. The results of a Breathalyzer are typically expressed as the BAC, which represents the grams of alcohol per 100 milliters of blood. The science behind the working of the Breathalyzer machine is based on measuring alcohol-laden blood that passes through the tiny channels in the air sacs of the lungs. The volatility of alcohol encourages its passage through the channel membranes into the lung, where it can be exhaled. A Breathalyzer test detects this expired alcohol.
Residual Mouth Alcohol
Many DWI suspects may not realize that the Breathalyzer test may have errors in reading their breath alcohol level. The most common cause of falsely high Breathalyzer readings is due to residual mouth alcohol. Residual mouth alcohol (which is sometimes just referred to as “mouth alcohol”) may be caused by many things. If a DWI suspect consumes a substance that contains alcohol before taking a Breathalyzer test, the exhaled air will absorb alcohol not only from the lungs, but also from the substance used in the upper part of the mouth and throat. This can cause the Breathalyzer machine to show the alcohol concentration detected in the exhaled air as higher than the concentration in the lung air. Even a minute amount of undigested alcohol in a DWI suspect’s mouth can have a significant impact on a breath test reading. read more »
Unsuspecting Morning Commuters Risks
A recent story on CBS New York discusses the unsettling trend wherein more and more drunk drivers are on the road during the morning commute to work and school. Don Boso, considers himself to be a lucky man after he survived an accident that involved a driving while intoxicated (DWI) driver. While he does not remember the accident itself – he does recall what was supposed to be the typical 6:00 a.m. commute – he waited for a light to change from red to green, then continued to drive. His next memory was far from typical – he awoke in a hospital with a grim prognosis. Doctors did not expect Mr. Boso to survive. Fortunately, he proved them wrong. He now shares his story, in hopes of alerting other commuters about the potential danger that may await them during their morning drive.
Law enforcement officials are acutely aware of the problem. Drivers that witness erratic behavior in others on the road may have differing rationales regarding the dire driving of others depending on the time of day – or night. Poor driving during the daytime is often likened to someone unfamiliar with the area or perhaps is temporarily distracted. In contrast, when witnessed during evening hours, similar bad driving behaviors are often associated with someone that was drinking and driving.
The National Highway Traffic Safety Administration maintains that the worst time for morning drunk driving incidents is between the hours of 6:00 a.m. and 9:00 a.m.
Unfortunately, others were not as fortunate as Mr. Boso. Vincent Russo got behind the wheel of his vehicle to drive to church one morning at 8:00 a.m. and sustained fatal injuries after being struck head-on by a drunk driver. At the time the driver, Michael Iannettoni, that struck Mr. Russo was on the road, he had an alleged blood alcohol content (BAC) of 0.32 percent. The legal BAC in the State of New York is 0.08 percent. On that tragic morning, Mr. Iannettoni already had five (5) convictions for DWI and was due in court for sentencing on the fifth conviction. Mr. Iannettoni was sentenced to serve 8 1/3 to 25 years in prison for the DWI accident that killed Mr. Russo. Mr. Iannettoni died last year in prison. read more »
New York City requires residents to have a gun permit to own a handgun legally, but the law is administered so stringently that virtually no residents of New York City other than retired police officers are able to get a permit.
It costs $431.50 just to apply for a handgun license (including fingerprinting charges), the fees are nonrefundable, and the odds are stacked heavily against the application being approved. Many applications for gun licenses in New York are not approved. Applicants may be denied if they have a moving violation in their driving history, fail to get fingerprinted, or fail to provide all the paperwork and documentation required for their application. The application must include two color photographs of specified size, a birth certificate, an original social security card, proof of current address, a letter of necessity, and for some applicants, copies of the applicant’s business sales tax report, a personal income tax return, daily bank deposit slips, and a variety of bank statements.
DWI offenders should be aware that if they want to purchase a gun in New York, they will be required to undergo an instant background check through the National Instant Criminal Background Check System (“NICS”) prior to leaving the gun dealership, as required by 18 U.S.C. § 922(t).
The Brady Act
The Brady Handgun Violence Prevention Act (the Brady Act), 18 U.S.C. 44 §§ 921-922, which became effective on February 28, 1994, is the most significant piece of federal firearms control legislation passed since the Gun Control Act of 1968. The law’s central gun control mechanism is an instant background check on persons seeking to purchase guns of any kind, not just handguns, from Federal Firearms License holders (FFLs). Under the Brady Act, FFL’s are required to check with law enforcement authorities to see if the prospective buyer is disqualified under federal law from buying a gun, particularly if the buyer had previously been convicted of a felony. The law does not, however, impose background checks on prospective gun buyers seeking guns from private sources.
New York Gun Control Laws
In New York, it is illegal to possess a handgun without a license. Under New York Penal Law § 400.00(1)(c), those persons convicted of DWI offenses are generally not allowed to obtain a handgun license. This law explicitly states that “no license shall be issued or renewed except for an applicant who has not been convicted anywhere of a felony or a serious offense . . . ” Under federal law, 18 U.S.C. § 922(g)(1), persons with felony convictions are prohibited from possessing firearms.
New York state law also requires applicants to be “of good moral character” in order to obtain a gun license. This moral character requirement is codified in New York Penal Law § 400.00(1)(b). Grounds for denying someone a license based on lack of good moral character to include “a poor driving history,” and “multiple driver license suspensions.” If a person has a DWI arrest, a DWI conviction or has committed multiple traffic violations, they may not be able to get a gun license in New York because they may not meet the requisite standards of having a good moral character. read more »
ATV driver gets DWI
A recent story by WIVB.com reported that Ransford Johnson (34, of Ashville, New York) was arrested for driving while intoxicated (DWI). New York State Police received calls about someone driving an all terrain vehicle (ATV) in a reckless fashion on Blockville Watts Flats Road. Police arrived at the scene and claim that Mr. Johnson failed several sobriety tests and that his breath sample registered at a 0.22 percent blood alcohol content (BAC). The legal BAC limit in New York State is 0.08 percent BAC.
Police also noted that Mr. Johnson had prior DWI convictions within the past 10 years. Mr. Johnson was charged with a felony, processed in Town of Ellicott Court and booked into Chautauqua County Jail.
Don’t DWI laws only apply to cars and trucks?
Short answer – no – the DWI laws in the state of New York (and most other jurisdictions in the United States for that matter) do not solely apply to the drivers of cars and trucks. ATVs do qualify as a motorized vehicle and can pose a danger if someone operates one in a reckless manner.
New York’s Department of Motor Vehicles defines a DWI as a crime wherein a person’s ability to drive a vehicle is impaired when alcohol is consumed and their BAC measures at or above 0.08 percent. New York State law defines a vehicle as:
Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
Driving any vehicle – be it a car, truck, ATV, motorcycle, scooter, etc. – while intoxicated can be dangerous and is not permitted.
Multiple DWI Offenses
Whether driving a car, truck or ATV – multiple DWI offenses carry much stiffer penalties. An initial DWI conviction imposes a mandatory fine that can range between $500-$1,000, carries a possible jail term up to one year and six month license revocation. A second DWI within 10 years – carries a fine that ranges between $1,000-$5,000, a maximum jail term up to four years and license revocation for a minimum of one year. Additionally, the second offense now is considered a felony. A third DWI within 10 years, which is also a felony – imposes a mandatory fine ranging from $2,000-$10,000, a maximum jail term of seven years and license revocation for at least one year. read more »
Traditionally, law enforcement authorities have requested that motorists suspected of intoxication perform sobriety tests, such as walking a straight line, putting a finger to the nose, or balancing on one foot. This is in order to corroborate their conclusion of intoxication of the motorist based on objective findings. In addition to any physical tests, chemical tests for intoxication are commonly used to either bolster and corroborate police opinion testimony of intoxication or, in those states that set presumptive blood alcohol intoxication levels, to demonstrate that a motorist’s blood alcohol level exceeded the permissible level. Due to its portability, the handheld breathalyzer machine is the most common chemical testing device used to determine a driver’s blood alcohol content (BAC).
The Breathalyzer was invented in 1954. It detects and measures the level of alcohol on a person’s breath with the use of a chemical reaction. A breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol. A breath test to measure blood-alcohol level, administered with an approved device, is required in many states for persons operating motor vehicles involved in accidents, or which are operated in violation of any traffic laws.
In New York State, it is illegal to operate a vehicle with a BAC over .08. If the driver is under the age of 21, the limit is .02.
New York’s implied consent law states that any person who operates a motor vehicle in the state shall be deemed to have given consent to a chemical test of one or more of the following: breath, blood, urine, or saliva, for the purpose of determining the alcoholic and/or drug content of the blood. Thus, you give consent to a chemical test simply by driving in the state.
If a person is lawfully arrested for a DWI and refuses to submit to a BAC test in New York State, they will be subjected to mandatory civil fines and driver’s license suspension. The penalties for refusing to take a BAC test are in addition to the standard penalties for DWI. Even if s suspected DWI offender is acquitted of DWI charges, they will still face a mandatory one year license revocation and $750 civil fine.
Breathalyzer tests have been upheld in the courts as not constituting unreasonable searches and seizures, although the tests may constitute a “search” within the meaning of the Fourth Amendment. The courts have generally found that a suspected DWI offender has no constitutional right to refuse to take a breathalyzer test. read more »
The word “arrest” means that you are being put in custody of a law enforcement officer and deprived of your liberty. Being put under arrest gives the police the power to restrain you. After you are put under arrest, most jails will allow you to contact someone else by telephone and visit with your attorney.
How do I make bail?
Bail is money that is deposited with the court, or a promise to pay money or forfeit property to the court, to guarantee that you will come to a later court appearance. You may have heard people use the terms “bail” and “bond” interchangeably. There is a difference between the two terms that you should understand. Bail is the amount of money or property required by the court. Bond is a sum of money that is the fee charged by a bail agent who guarantees the bail to the court. At your first court appearance, the judge may simply set bail and you will have the opportunity to pay the amount and get released from jail. Generally, if you show up to all your court appearances, the bail money may be returned to you at the close of your case.
In New York, if your DWI case ends in a conviction, the city government may keep a percentage of your bail money.
If you don’t have money to pay your bail, you might need a bail agent. A bail agent is an independent businessperson who, for a fee, will put up the full amount of your bail for you. The bail agent’s fee (which is usually not refundable) is typically 10-20% of the total amount of your bail. The bail agent becomes liable to the court for the full amount of bail if you fail to appear for a later court date.
Do I need a Syracuse DWI Defense Attorney?
Under the 6th Amendment to the U.S. Constitution, you have the right to have legal counsel at all the critical stages in your DWI case. If you are poor and can’t afford an attorney, you have the right to have a lawyer appointed for you and paid for by the government. These lawyers who provide services to poor and indigent people are called public defenders.
A DWI suspect who has been arrested may want to consult a DWI defense attorney to get a professional experienced advocacy. A qualified DWI defense attorney may represent you by making court appearances with you and reviewing important documents in your case, such as the police report. Most importantly, a DWI defense attorney will devise a defense strategy in your DWI case. A DWI defense attorney’s job is to look at all the evidence in your case logically objectively and think through a defense theory to present to the court. read more »
The Fourth Amendment is the constitutional provision that places basic restrictions on all police searches. It prohibits unreasonable searches and seizures by the police. To be considered a “search” under the Fourth Amendment, there must be an expectation by a defendant of privacy in the area that is searched by authorities. Items found by the police in plain view or which are abandoned by a defendant are not considered products of a police search. If a defendant, such as a DWI defendant, has a legitimate expectation of privacy in an area, they will have standing to challenge a police search.
DWI Vehicle Searches:
Police officers may search a vehicle without a warrant if they have probable cause to believe that the vehicle contains evidence or contraband. This often occurs in DWAI Drugs cases where police officers may search for illegal drugs in the cars of suspects. An officer may search anywhere in a vehicle that a warrant could have authorized under this rule.
This rule is based on the fact that there is less expectation for privacy in a vehicle traveling on public roads and also on the ready mobility of vehicles. Where small objects, such as a stash of illegal drugs, are the objects of a probable cause search, police officers may search handbags and other personal effects found in a car without a warrant, regardless of whether the personal effects are claimed by the driver or passengers in the car. It is important for DWI defendants to note that if an officer has probable cause to suspect that drugs are in a car, the officer can search every area of the car that may conceal the drugs without a warrant.
Incident to Arrest Searches and DWI:
The laws regarding search and seizure apply in DWI cases where a police officer is looking for the type of evidence that will be relied upon by the State to prosecute the case. In some DWI cases, an officer will conduct a routine traffic stop, arrest the suspect for DWI, conduct a search of the vehicle, and find a bottle of alcohol or other evidence. Under the law, once a person is arrested for DWI, the officer is in a position to search the car because this constitutes a search incident to arrest.
In Arizona v. Gant, the United States Supreme Court clarified the search-incident-to-arrest exception that applies to vehicles. The Court stated in the Gant case that there are two circumstances under which a search-incident-to-arrest is permissible: (1) a police officer may search a vehicle incident to a driver’s arrest when the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search, and (2) a police officer may search a vehicle when it is reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle. Basically, the officer is allowed to get into both the driver’s side and passenger’s side of the car to look for and seize evidence after they have arrested a suspect for DWI. read more »
When a driver is pulled over by the police on suspicion of driving while intoxicated (DWI), they are often asked to submit to standardized field sobriety tests. These tests are physical acts which are designed to test the driver’s coordination for the purpose of determining intoxication. These tests are the one-leg stand, walk and turn, and the horizontal gaze nystagmus.
Field sobriety tests are generally believed to reveal impaired ability in such things as coordination, reaction time, and mental functioning. Many DWI defendants do not know that they are not required to submit to field sobriety tests. Although New York has an implied consent statute (New York Vehicle and Traffic Law § 1194(2)), under which a driver is deemed to have given their consent to a “chemical test” for the purpose of determining intoxication, field sobriety tests are not chemical tests.” In New York, as in many other states, there is no common law, nor statutory requirement to perform field sobriety tests. The police officer who pulls over a motorist suspected of committing a DWI offense has no statutory requirement to inform the driver that they may refuse to perform field sobriety tests. However, DWI defendants should be aware that a refusal to perform field sobriety test may be admissible against them at their DWI trial.
Challenging the results of field sobriety tests
In a DWI trial, the prosecutor may point out those parts of the standardized field sobriety tests that a defendant failed. To challenge this evidence, a DWI defense attorney may point out the areas of the test which the defendant performed satisfactorily.
Standardized field sobriety tests may be challenged on the grounds that they are determined to measure “impairment” but they may not be accurate in estimating a defendant’s blood alcohol content (BAC). Field sobriety tests generally cannot to be used to estimate specific BAC level of a defendant. A DWI defense attorney may argue that that use of tests as indirect evidence of a defendant’s impairment through the estimate of their BAC should not be admissible at trial.
Challenging Each Test
A DWI defense attorney may also challenge the basis for the results of a horizontal gaze nystagmus (HGN) test. The HGN test must be administered according to prescribed methods. Therefore, if the arresting officer in the case was not properly trained in administering the HGN test, the results may not be admissible at trial. Nystagmus refers to an involuntary jerking of the eye as it follows a smoothly moving stimulus, such as a pencil or penlight. The eyes of an unimpaired person will follow the stimulus smoothly. However, when a person is impaired by alcohol, the jerking of the eye is larger, more pronounced, and is easily observable by a police officer.
There have been many challenges to the reliability of the HGN test. A person’s age has been found to have a considerable effect on their ability to smoothly track an object on the HGN test. It has been proven that younger people are able to maintain smooth pursuit of a stimulus but older people usually experience more eye jerking on the HGN test. It has also been shown that psychiatric conditions may affect a person’s performance on the HGN test. Many people with psychosis and schizophrenia may show impairment in their ability to smoothly track a stimulus; this is believed to be the result of lithium treatment. Another study has shown that smoking even one cigarette can produce Nystagmus.
The defendant’s walk-and-turn test results may also be challenged by a DWI defense attorney. It is crucial that the walk-and-turn test be administered properly for the results to be accurate. Some police officers do not know that the test must be performed on a designated straight line and should be conducted on a reasonably dry, hard, level, non-slippery surface. Studies have shown that people over 65 years of age and who have back, leg or inner ear problems have difficulty performing this test. According to rules of the National Highway Traffic Safety Administration, police officers giving the walk-and-turn test are not only required to explain the test, but they are also required to demonstrate the test for the DWI suspect. A DWI defense attorney may seek to obtain videotaped evidence to make sure that the arresting officer in the case followed proper procedure when administering the walk-and-turn test.
If a DWI defendant has a disability, their DWI defense attorney may challenge the results on standardized field sobriety tests based on this fact. If a defendant has a disability, under the American with Disabilities Act, the police officer administering the tests is required to make reasonable accommodations, such as offering different tests that the motorist might reasonably be expected to pass if they were not disabled. read more »