Field Sobriety Tests in Monmouth County, NJ | DWI Test
Questionable Testing In Drunk Driving Cases
Field sobriety tests can be administered by officers who stop a vehicle on suspicion of drunk driving. The tests are supposed to allow an officer to evaluate whether the driver possesses his or her “normal faculties.” However, the tests are very subjective, and they can be difficult to pass even for someone who has had nothing to drink.
If you failed a field sobriety test in New Jersey, reach out to the Monmouth County DUI defense lawyers at Rudnick, Addonizio, Pappa & Casazza PC today. We have defended clients against DUI charges for more than 40 years. Our lawyers understand how to evaluate a field sobriety test and challenge the results. We offer free initial consultations and charge reasonable fees for our services.
Can You Refuse A Field Sobriety Test?
While there are specific laws that require drivers to submit to a breath test, there is no statute on the books that says you can be forced to perform field sobriety tests. However, courts have agreed that officers do have the right to require these tests. If you refuse, the prosecution can present evidence of your refusal. Judges will then usually take that evidence to mean that by refusing you admitted to being intoxicated. There are exceptions to this for disabled drivers.
Types Of Field Sobriety Tests In New Jersey
Officers at the scene of a DUI stop may ask the driver to perform a variety of field sobriety tests, including:
- Horizontal gaze nystagmus test: The officer has the driver try to follow a pen or a light with his or her eyes.
- Walk and turn test: The driver must walk heel-to-toe multiple steps in a straight line, then turn around and repeat.
- One leg balancing test
- Touching a finger to your nose
- Reciting the ABCs
These Tests Are Unreliable
Even people who have not had anything to drink can fail these tests. As Monmouth County DUI defense attorneys, it is our job to analyze how the tests were administered to discover any errors. If there were, then we can challenge the results. In other words, if you failed a sobriety test, do not assume you have to plead guilty. Talk to us first.
Some things that often cause people to fail these tests include:
- It was dark outside and traffic was speeding by close to you
- Rain, wind and other weather conditions
- Pavement could be cracked or uneven
- The officer may have given unclear instructions about what you were supposed to do
- Medical conditions or other physical characteristics such as age or excessive weight
It is possible to fight your DUI charges. Mr. Pappa and Mr. Casazza will do everything possible to have the case dismissed, keep you out of jail and prevent a driver’s license suspension.
Contact Us For More Information On New Jersey DUI Testing
The attorneys at RAP&C are ready to help you fight your drunk driving charges and protect your freedom. Set up your free initial consultation by calling or filling out our online contact form.