Understanding Field Sobriety Tests in New Jersey
New Jersey has tough laws against driving under the influence (DUI) of drugs and alcohol. If a driver is stopped and suspected of DUI, a police officer may request the completion of field sobriety tests to check for impairment. It is important to recognize your rights as a driver when it comes to these tests – both in terms of your compliance and ability to challenge test results. Make sure to contact a DUI defense lawyer in New Jersey for legal guidance.
What Is a Field Sobriety Test?
Two main types of tests may be administered during a DUI traffic stop: a field sobriety test and a breathalyzer. A breathalyzer measures the blood alcohol concentration (BAC) of a driver using a breath sample. A field sobriety test, by contrast, is not a scientific analysis. It is a physical assessment of the driver’s alleged intoxication based on the police officer’s observations and personal (often biased) interpretations.
Types of Field Sobriety Tests in New Jersey
The purpose of a field sobriety test is to judge whether a motor vehicle driver is impaired by testing his or her balance, coordination and ability to follow directions. This is done through a series of physical assessments.
There are three approved field sobriety testing methods in New Jersey:
- Horizontal Gaze Nystagmus (HGN): a driver is asked to follow an object or the officer’s finger with his or her eyes. The officer will look for exaggerated eye jerking or the inability to keep the driver’s gaze smoothly on the object.
- Walk and Turn: the driver is required to take nine steps (heel to toe) in a straight line, then turn and take the same nine steps back. The officer will look for failure to follow directions, improper turns and a loss of balance.
- One-Leg Stand: the driver is ordered to stand on one foot and look at the elevated foot while counting, according to the officer’s instructions. The officer will look for trouble balancing, hopping on the foot or putting the foot down.
After a field sobriety test is completed, the officer will fill out an incident report that scores the driver’s performance on each test. A score that is too low will most likely result in the driver being arrested on suspicion of drunk or drugged driving.
Should I Take a Field Sobriety Test?
In New Jersey, drivers are required to comply with breathalyzer tests, or else face automatic penalties, such as driver’s license suspension. However, they do not have to – nor should they – agree to field sobriety testing. Field sobriety tests are notoriously inaccurate and unreliable. They can be affected by many factors that have nothing to do with intoxication, such as injuries, medical conditions, uneven ground surfaces and nerves.
How to Contest the Results of a Field Sobriety Test
Whether a driver passes or fails a field sobriety test is up to a police officer’s discretion. There is no scientific basis for the results, making them entirely subjective. Based on research, experts and legal professionals generally hold that field sobriety tests are not accurate methods of assessing impairment. On this basis, they can be challenged during a DUI case.
Although the results of field sobriety tests are still admissible in court in New Jersey, they can be disputed by the defendant. With assistance from an experienced injury attorney in New Jersey, you can argue against the results of a field sobriety test during your court hearing if you get arrested for DUI. Your lawyer’s strategic defense could be enough to have your charges reduced or dismissed.
If you were recently arrested for DUI after taking a field sobriety test, contact the Law Offices of Jeffrey S. Hasson, P.C. for a free case review.