New Jersey DWI Lawyer

About Field Sobriety Tests

A driver may be arrested for DUI and taken to headquarters and required to give a breath sample only if the police have probable cause to believe the person arrested is guilty of driving under the influence. The police often administer roadside sobriety tests to a driver and base their decision to arrest on, among other things, the driver's test performance. Therefore, how the police administered the tests and how they interpreted the driver's performance can be important in determining whether the police had the authority to arrest the driver at all. Critical evidence against the driver may be excluded, possibly including breath test results, if a court determines that the police lacked the authority to arrest the driver. In addition, since a DWI conviction may rest on a driver's demeanor and behavior alone, without a breath test, field sobriety test performance may be extremely important in a particular case. Therefore, how the police administered and evaluated these tests must be carefully examined. In addition, since a breath test is not required for a DUI conviction, and may rest on a driver's demeanor and behavior alone, possibly including sobriety test performance depending upon the nature of the test. Therefore, it is critical that how these tests were administered and evaluated by the police be carefully examined.

DWI Attorney in New Jersey

While there are specific sobriety tests that have been standardized and approved by national authorities, police departments and police officers are free to choose whichever tests they prefer. The tests can be of a mental nature testing the subject's thinking ability, or a physical nature testing the subject's coordination. The state offers the test results to support the inference that, given the supposedly simple nature of the tests, a sober driver would have performed them successfully. If a driver performed badly, it is very important to investigate what - apart from intoxication - may have affected the driver's performance, such as fatigue, illness or the environment in which the test was given; and be prepared to present this information in court to rebut the suggestion of intoxication. In addition, the validity of certain field sobriety tests, such as the one-leg-stand test, and the walk-and-turn test, is subject to question if not administered and scored in an approved manner. If such tests were used, the test protocols must be carefully examined, and if useful, an expert might be retained to testify about the testing deficiencies in order to rebut the inference of intoxication.

This discussion of field sobriety tests is provided for general information purposes only and is not legal advice. Legal advice can be provided only through direct consultation with an attorney. If you call the Law Offices of Allan Marain we will provide a free consultation concerning your charges, including a discussion of your specific circumstances and the options available to you.

Contact a New Jersey DWI attorney for more information regarding field sobriety tests.