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New Jersey Field Sobriety Test Lawyers

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Field Sobriety Tests In NJ

If an officer has legally stopped a vehicle (we challenge all illegal stops), he/she can ask the driver to submit to a field sobriety test. Officers will usually first look at the driver and ask a few questions to see if his/her speech is slurred, if there is an odor of alcohol, or if his/her eyes are bloodshot. If the officer still suspects the driver was intoxicated, he/she will give the driver field sobriety tests, which are physical dexterity tests.

Sample tests include asking the driver to:

  • Stand on one leg
  • Walk and turn
  • Touch his/her nose with their eyes closed

Some legitimate challenges to these tests include asserting that the defendant suffered from injuries or medical conditions that negated the ability to pass the test, poor weather conditions, and heightened anxiety levels due to psychological problems.

Defendants who fail the field sobriety tests or refuse to take the test will usually be asked to submit a breath test after a 20-minute wait. The breath test measures the driver’s Blood Alcohol Content (BAC). If the BAC level is .08 or more, the driver will be charged with driving while intoxicated (DWI). If the driver refuses to take the breath test, the refusal can be used as evidence in court, and the driver will also face a mandatory license suspension and fines.

Evidence in NJ DUI cases generally falls into five categories:

Driving Behavior – The first of these consists of driving behavior. Unless an accident is involved, this is usually what first attracts the police officer’s attention and, typically, may involve weaving, lane straddling or erratic driving. There are, in fact, 20 different driving patterns recognized by the National Highway Traffic Safety Administration which could be possible indicators of intoxication.

Personal Behavior – The second type of evidence involves personal behavior and appearance. These may include an odor of alcohol on the breath, bloodshot eyes, thick and/or slurred speech, flushed face, fumbling with a wallet to get the driver’s license, unsteady gait, leaning on the car for support, difficulty following directions, etc. Some of these — odor of alcohol, bloodshot eyes, and slurred speech — are encountered so often that some officers, trained to expect them, will include them in their arrest reports even if they are not actually present.

Field Sobriety Tests – The third type of DUI evidence consists of the field sobriety tests. These may include walk-and-turn, touch-the-nose, one-leg-stand, modified position of attention (also called the Rhomberg test), alphabet recitation, horizontal gaze nystagmus (HGN) — a field sobriety test where you are required to follow an object like a pen or finger from side-to-side with your eyes. Federal studies have shown that only three of these (walk-and-turn, one-leg-stand, and nystagmus) are effective in detecting intoxication; the others are unreliable and have been disapproved. As a result, a “standardized” battery of these three field sobriety tests has been recommended and is increasingly being adopted by police agencies across the country.

Incriminating Statements – The fourth category of evidence consists of incriminating statements, whether made spontaneously or in response to questioning. You are not, of course, required to answer any questions at any time. Since the Miranda warning need not be given until after the arrest, the officer is free to ask incriminating questions during his initial investigation. A refusal to submit to chemical testing may be interpreted as an incriminating statement.

Chemical Tests – The final type of DWI/DUI evidence is the chemical test. In New Jersey, you cannot refuse to take the breathalyzer. If you do, you will be charged with two offenses: DWI and Refusing to take the breathalyzer. Police departments can gather blood alcohol content or blood alcohol concentration in a variety of ways; however, most often the suspect will be required to provide a sample of his/her breath. The machines commonly utilized to analyze the suspect’s breath sample are the Breathalyzer 900 and 900A and the Alcotest 7110.

DUI Checkpoints

In New Jersey, police generally must have reasonable suspicion that a driver was operating a vehicle while intoxicated, or that some other traffic offense, such as speeding, had occurred, or that the car itself was in violation, such as having non-functioning lights. If the police have this reasonable suspicion, they can temporarily investigate whether the driver has broken the law by questioning the driver and subjecting him/her to appropriate tests.

There is an exception to the reasonable suspicion requirement. New Jersey police are allowed to set up DUI checkpoints without violating the U.S. Constitution’s 4th Amendment on unreasonable searches and seizures.

Checkpoints are also known as roadblocks, mobile checkpoints, and sobriety checkpoints. If they are correctly set up, checkpoints are legal in New Jersey. Checkpoints are typically used when drinking is likely heavier than usual, such as around major holidays. They are normally set up in high-traffic areas, late at night, and in locations where DWI offenses are known to be prevalent. States, including New Jersey, are supposed to publicize the checkpoints. Usually, the police stop cars randomly, such as every fifth car.

Police officers will request to see your driver’s license, vehicle registration, and insurance. They will ask a few questions to determine whether you might be intoxicated.

DUI Is A Serious Crime In New Jersey

Remember, DUI is a serious offense, and an experienced and qualified New Jersey DUI defense lawyer with knowledge of police training and a keen understanding of the science behind chemical testing should represent you.

Our New Jersey DUI attorneys are well-versed in the applicable defenses. Refusing to take a field sobriety test differs from failing to submit to a breath test. Officers must inform the accused of the consequences for failing to take any test. If the driver passed the sobriety test, the officer would typically not have the probable cause to conduct a breath test.

DUI Penalties in New Jersey

Field Sobriety Expertise In DUI / DWI Defenses In New Jersey

The New Jersey Field Sobriety Test Lawyers of Aiello, Harris, Abate Law Group PC are committed to protecting our clients’ rights and have repeatedly demonstrated our ability to succeed in the most challenging and complex drunk driving cases. If you have been arrested on drunk driving charges, contact us today.

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Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

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