Field Sobriety Tests in New Jersey

What Is the Purpose of a Field Sobriety Test? What Tests Are Commonly Used? What Happens If You Refuse to Take a Field Sobriety Test?

You’ve been pulled over by police…maybe you were speeding or maybe you forgot to use your turn signal. The officer asks if you’ve been drinking and you honestly admit that you have. The officer then asks you to get out of the car, so that a field sobriety test can be administered. What is the purpose of the field sobriety test? What tests might the officer use? Can you refuse to submit?

The Purpose of the Field Sobriety Test

The field sobriety test may be used for two specific purposes:

• In some instances, it can provide all the evidence the officer needs to establish legal impairment.
• It can give the officer probable cause to ask the driver to submit to a blood alcohol test.

What Are the Common Types of Field Sobriety Tests?

There are three field sobriety tests commonly used in New Jersey:

• The horizontal gaze nystagmus test, where the officer observes involuntary eye movements while the subject follows a moving object with their eyes
• The walk and turn, where the subject must walk forward or backward heel-to-toe in a straight line
• The one-leg stand, where the subject must stand on one leg for a minimum period of time without falling or losing balance

Can You Refuse to Take a Field Sobriety Test in New Jersey?

Yes. Submission to a field sobriety test is not mandatory in New Jersey nor covered by the state’s “implied consent” law. An officer cannot write you a ticket for refusing to comply, and the officer cannot use your refusal to submit to a field sobriety test as probable cause to arrest you for DWI. There must be additional evidence of intoxication.

Contact Attorney Howard N. Sobel

At the office of Howard N. Sobel, we provide comprehensive counsel to anyone who has been stopped for or charged with driving while intoxicated or under the influence. contact our office online or call us at 856-424-6400 to set up a free initial consultation. Evening and weekend appointments can be arranged upon request. We accept all major credit cards.

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