If you are pulled over for suspected Driving While Intoxicated (DWI) in New Jersey, you may find yourself being asked to perform standardized field sobriety tests (SFSTs). These tests are designed as a tool for police to use to assess your physical and mental abilities, and to determine if you can safely operate a vehicle. Understanding these tests can help you know your rights and what to expect during a DWI stop.
What Are Field Sobriety Tests?
Standardized field sobriety tests are a series of physical and cognitive divided attention examinations used by law enforcement officers to determine whether a driver is impaired. These tests are part of the Standardized Field Sobriety Testing protocol developed by the National Highway Traffic Safety Administration. While officers may use different tests depending on the circumstances, only three have been standardized, they are:
- Horizontal Gaze Nystagmus (HGN): This test involves tracking the movement of a pen or flashlight as the officer moves it from side to side. During this test, the officer looks for any involuntary jerking movements in your eyes that can indicate impairment. It is important to note that there are some medical conditions or medications that can cause these involuntary movements to occur even if you are sober.
- Walk-and-Turn Test: During this test, drivers must walk a straight line heel-to-toe for nine steps, turn on one foot, and return in the same manner, while counting your steps aloud. Difficulty completing this task, such as failing to walk heel-to-toe, or stepping off of the line, can suggest impairment.
- One-Leg Stand Test: In this test, drivers must stand on one leg, raising the other six-inches off the ground, while counting for thirty seconds. If a driver sways, hops, or puts hir or her foot down, they may be clues the officer may interpret these as signs of impairment.
The Reliability of Field Sobriety Tests
While these three tests are commonly used by law enforcement, they are not always 100% accurate. Individual test accuracy varies and is dependent on whether the officer strictly follows the instructions for proper administration of the tests, as their accuracy is directly correlated to proper officer performance.
Several factors can affect a person’s performance on these tests:
– Nervousness or Anxiety: Being pulled over can be a stressful experience, and anxiety can impair a driver’s ability to perform well on the tests.
-Fatigue: Depending on the time of day or night and other factors, the driver’s lack of sleep could impact his or her ability to meet the testing standards.
– Medical Conditions: Certain medical issues, injuries, or disabilities can hinder performance, which might be mistaken for impairment.
-Language Barriers – The results of the tests can only be considered accurate if the subject fully understands the directions.
– Environmental Factors: Uneven surfaces, weather conditions, or distractions can influence the results of the tests as well.
Your Rights During a DUI Stop
As a driver, you have rights during a DWI stop. You are not legally obligated to undergo field sobriety tests in New Jersey, as they are voluntary. However, refusing to take the tests may result in the officer opting for an arrest based on his or her observations and a negative inference being drawn against you at trial. While FST are voluntary, refusing them does not stop the officers from basing an arrest on other indicia of intoxication including slurred speech, bloodshot eyes, and the smell of alcohol.
What to Do if You are Stopped
If you find yourself pulled over under suspicion of DWI, here are some steps to consider:
- Stay Calm: Keeping a level head during the stop can help you make better decisions, and anxiety can sometimes cause you to “fail” an FST.
- Know Your Rights: You can politely decline to perform field sobriety tests but still know that this may lead to an arrest anyway.
- Do Not Make Admissions: Remember anything you say can be used against you later in court. You can politely decline to answer questions related to an investigation of your intoxication. Do not feel that you have to remember everything that happens as officers in New Jersey are required to record and maintain body-worn camera footage of every stop.
- Seek Legal Assistance: If you are charged with a DWI, it is crucial to consult with an experienced NJ attorney who can help navigate your case and explore any potential defenses related to the field sobriety tests.
Field sobriety tests are a key component of DWI investigations, but they are not foolproof indicators of impairment. Knowing your rights and how to respond during a traffic stop can make a significant difference. If you face DWI charges stemming from a field sobriety test, seek legal representation to understand your options and work toward the best possible outcome together. Remember, having an attorney experienced in defending against standardized field sobriety tests in court by your side can be invaluable during this challenging time.
