Field Sobriety Tests (FSTs) are standardized physical and cognitive assessments used by law enforcement officers in New Jersey to establish probable cause for a DUI arrest. Understanding these tests and their legal standing is essential for any motorist traveling New Jersey’s roadways.
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 establish reasonable suspicion before 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.Â
The Three Standardized Field Sobriety Tests Evaluated by DUI Lawyers in NJ
NHTSA has 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 eye as it 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
- Turn on one foot
- Return in the same manner
Officers evaluate eight 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 downÂ
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 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 confirmed this in State v. Green (2003), ruling 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.Â
Challenging Field Sobriety Test Results: A Key Strategy for DUI Lawyers in NJ
Various aspects can impact these tests 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.Â
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 lack scientific validation and face greater scrutiny in New Jersey courts.Â
Understanding the Evidentiary Standards in New Jersey DUI Cases
Field sobriety tests primarily establish probable cause for arrest and support the officer’s observations. Under New Jersey Evidence Rule 702, FST results must meet certain standards to be admissible as evidence:
- The technique must be scientifically reliable
- The witness must be qualified
- The testimony must assist the trier of fact
Remember that New Jersey courts recognize these tests as tools with inherent limitations rather than definitive proof of impairment, as established in State v. Arsenault (2014).
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