Getting pulled over for suspected drunk driving creates intense stress and uncertainty. Police officers might ask you to perform field sobriety tests. These roadside exercises check your balance, coordination and ability to follow instructions.
What happens during roadside sobriety tests?
In New Jersey, police officers use three federally approved field sobriety tests:
- Walk-and-turn test: Walking heel-to-toe in a straight line
- One-leg stand test: Balancing on one foot while counting
- Horizontal gaze nystagmus test: Following an object with your eyes
In many situations, field sobriety exams can present challenges—even for sober individuals.
The right to refuse field sobriety tests
Unlike chemical breath tests, you can refuse field sobriety tests. The New Jersey implied consent laws and even the refusal statute only apply to breathalyzer tests. You can say no to roadside sobriety exams without worrying about automatic penalties or additional charges.
Refusing the test might not prevent arrest
Even if you decline field sobriety tests, officers can still arrest you for DUI based on other factors. These may include:
- Smell of alcohol
- Slurred speech
- Erratic driving
All these provide probable cause for arrest. Additionally, keep in mind saying no to roadside tests might make you look more suspicious.
Making smart choices in stressful moments
Think carefully about whether to take or refuse field sobriety tests. Many sober drivers can fail them because of health issues like bad knees and inner ear infections or balance difficulties from being overweight.
Field sobriety tests serve as just one piece of evidence. Their results don’t always tell the whole story—and if you fail them due to reasons unrelated to alcohol or intoxication, that is something a skilled attorney may explain and challenge in court.