Field Sobriety Tests (FSTs) are purportedly standardized physical and cognitive assessments used by law enforcement officers in New Jersey while establishing probable cause for a DUI arrest. Understanding those tests and evidentiary issues entailed is essential for any defense attorney.
An experienced DUI defense lawyer in Jersey City will work tirelessly to protect citizen rights.
Under New Jersey law (N.J.S.A. 39:4-50), an officer must have reasonable suspicion before a request for conducting these tests. This requirement stems from the Fourth Amendment protection against unreasonable searches and seizures, which the New Jersey Supreme Court has repeatedly affirmed applies to roadside sobriety testing.
The Three Standardized Field Sobriety Tests Evaluated by DUI Lawyers in NJ
NHTSA purports to have established three primary standardized tests that New Jersey officers typically employ:
Horizontal Gaze Nystagmus (HGN):
This test involves an officer observing the involuntary jerking of the eyes as the subject visually follows an object horizontally. The officer looks for:
- Lack of smooth pursuit
- Distinct nystagmus at maximum deviation
- Onset of nystagmus before 45 degrees
Walk-and-Turn (WAT):
This divided attention test requires the subject to:
- Walk in a straight line
- Pivot
- Return in the same manner
Officers evaluate possible clues, including inability to balance during instructions, starting too soon, improper turns, and stepping off the line. A trusted DWI lawyer in Jersey City can provide expert legal guidance during your case.
One-Leg Stand (OLS):
Officers look for:
- Swaying
- Using arms for balance
- Hopping
- Putting the foot down
Legal Rights During Field Sobriety Testing That Every DUI Lawyer in NJ Will Explain
A critical fact that many New Jersey motorists don’t realize: Field sobriety tests are voluntary under New Jersey law. Unlike chemical breath testing, which falls under implied consent laws (N.J.S.A. 39:4-50.4a), you cannot be penalized for refusing to perform FSTs.
The New Jersey Superior Court has ruled that drivers may decline field sobriety tests without legal consequence. However, this refusal can still be noted in the officer’s report and potentially used as circumstantial evidence.
Challenging Field Sobriety Test Results: A Key Strategy for DUI Lawyers in NJ
Various aspects can impact FSTs significantly, such as:
- Physical Factors: Joint problems, back issues, ear disorders, and neurological disorders that impact balance and coordination.
- Environmental Factors: Tests conducted on uneven surfaces, in dark, rainy weather, or beside or in passing traffic are not compliant with the protocols established by the NHTSA.
- Improper Administration: Officers must follow strict NHTSA guidelines. In State v. Bealor (2006), the New Jersey Supreme Court emphasized that deviation from standardized procedures can invalidate test results.
Non-Standardized Tests Scrutinized by DUI Lawyers in NJ
Officers sometimes employ additional non-standardized tests, including:
- Finger-to-nose test
- Reciting the alphabet
- Counting backward
- Rhomberg balance test
These tests also lack scientific validation and face greater scrutiny in New Jersey courts.
Understanding the Evidentiary Standards in New Jersey DUI Cases
Field sobriety tests primarily contribute weight to establish probable cause for arrest and support the officer’s observations.
Remember that New Jersey courts recognize SFSTs as tools with inherent limitations rather than definitive proof of impairment.
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