Can You Challenge Field Sobriety Test Findings in NJ?

Field sobriety tests are a common part of DUI and DWI stops in New Jersey. The police often ask drivers they believe are intoxicated to complete specific physical tasks that may reveal whether they are intoxicated. Although standing up to the police can be challenging, you may challenge field sobriety testing in many cases.

Field sobriety tests are not 100% accurate, and the results should be questioned. Perhaps you have an injury or medical condition that prevents you from performing the tests, or the police are exaggerating your alleged signs of intoxication. Many drivers are surprised to learn that they do not have to submit to these tests and are legally allowed to refuse. Talk to your attorney about how field sobriety testing was conducted in your case.

Get a free, private case evaluation from our East Vineland, NJ DWI and DUI defense lawyers by calling the Lombardo Law Group at (856) 281-9600.

How to Challenge the Results of Field Sobriety Tests in NJ

Field sobriety tests are far from perfect and are often subjective and unreliable. If the results of these tests are used against you, our Voorhees, NJ DUI and DWI defense lawyers may be able to refute them in court.

Field sobriety tests often require drivers to complete seemingly minor physical tasks, like walking in a straight line or standing on one leg. Some people might have trouble completing these tasks because they have a medical condition or injury, not because they are intoxicated.

Another possibility is that the police officer is exaggerating the test results. Perhaps you tripped when trying to walk heel-to-toe in a straight line, and the officer claims you severely stumbled due to intoxication. You may testify that this is untrue and that you had no trouble walking.

We might undermine the officer’s claims that you could not complete the field sobriety tests by arguing that you were able to exit your vehicle and walk around perfectly fine before testing.

Do I Have to Take Field Sobriety Tests?

When the police ask a driver to step outside their car to take field sobriety tests, the driver might have a hard time saying no. Even so, you do not have to submit to field sobriety tests, and the police cannot force you.

Field sobriety tests are not mandatory like post-arrest chemical testing. If the police ask you to perform field sobriety tests, you are allowed to refuse without being penalized. If you believe the authorities are punishing you for refusing to submit, tell your attorney immediately.

The police are not required to explain that field sobriety tests are voluntary, so many drivers mistakenly believe they have no choice but to comply.

Why the Police Conduct Field Sobriety Tests in NJ

The police conduct field sobriety tests as a routine part of DUI investigations. In many instances, these tests allow the police to gather the necessary probable cause to execute and arrest.

The police must have enough probable cause to support their belief that a driver is intoxicated before they can make an arrest. The field sobriety tests may show that you were too intoxicated to drive safely.

Suppose a driver refuses to submit to mandatory chemical testing after being arrested, or the results of a chemical test are inaccurate or unreliable. In that case, prosecutors can still rely on field sobriety tests to try to prove intoxication. As such, they may come up in court.

Types of Field Sobriety Testing Methods

Several types of field sobriety tests exist that are trusted by the authorities. Often, drivers will be asked to perform multiple tests before the police decide whether to arrest them.

One test is the horizontal gaze nystagmus test, and it involves observing how the driver’s eyes move as they follow an object side to side. When a person is intoxicated, they have a hard time moving their eyes back and forth without exhibiting jerky movements. If the police detect these jerky movements, they may suspect intoxication.

Another test is often called the walk-and-turn. It involves walking in a straight line and turning around to walk in a straight line back the other way. Drivers may have to walk heel-to-toe while keeping their arms at their sides. This is a balance test, as intoxicated people are often unbalanced.

Finally, you might be asked to do a one-leg stand. This is another simple balance test where a driver must stand on one leg. If they are intoxicated, they are more likely to fall over.

Are Field Sobriety Tests a Reliable Way of Testing for Intoxication in NJ?

While the police might say that field sobriety tests are an effective and accurate way of testing for intoxication, the truth is less clear. Many argue that these tests are rife with errors and should not be trusted in a court of law.

While the tests appear somewhat simple and easy to perform, they often involve numerous instructions. A driver may be instructed to walk in a straight line while looking down at their feet and holding their arms down at their sides. Even a slight deviation from the instructions of the officer may be considered a testing failure and used against you.

There are too many other reasons why a person might fail a field sobriety test other than intoxication. A driver might be in poor health, have balance problems, or have an injury that prevents them from correctly performing a test. In short, failing a field sobriety test does not clearly indicate that someone is intoxicated. As such, these tests may be disputed in court.