New Jersey Field Sobriety Test Lawyers
In New Jersey, police officers stopping suspected DUI drivers may administer a series of tests officially known as Standardized Field Sobriety Testing (SFST). These tests consist of three parts of physical investigations into whether or not a driver is under the influence of alcohol or drugs. Testing is given by officers who have been trained in performing SFST under New Jersey guidelines. Drivers refusing to take these tests will generally receive further penalties, including potentially being arrested.
These tests are key elements in a New Jersey DWI trial and could either prove the guilt or innocence of a driver. The manner in which the tests were administered, and any external factors such as weather or clothing, may also mean that the tests are often unreliable as sole determiners of DWI. Our New Jersey DUI attorneys thoroughly examine these tests in order to ensure that our clients received proper testing and that no other factor could have played a role in their arrest.
The first part of a field sobriety test the police officer checks what is known as a horizontal gaze nystagmus (HGN). This is the movement of the eyeballs as they track things left to right or right to left. If the person is impaired by alcohol, it is theorized, their eyes will jerk more obviously than normal. The officer checks for this condition by using a pencil or flashlight and moving it slowly back and forth in front of the driver.
The second part of a New Jersey field sobriety test is called the "walk and turn." During this testing the driver will be told to perform a series of movements and balances that the officer uses in making his or her determination of impairment. The driver is asked to stand on a line heel to toe, keeping their arms at their sides and then asked to take steps forward, turn and then go back. The officers look for performance problems throughout the testing that may clue them to alcohol use.
During the third and last stage of a New Jersey field sobriety test the officer instructs the driver to stand with their feet together and then lift one of their legs and count out loud by thousands. This phase is called the "one leg stand test" and is another way to aid the officer in making an arrest for a DUI in New Jersey.
Because there are so many factors that play a role in correctly and legally administering a field sobriety test in New Jersey it is important to recall everything about where and how the test was given. Weather conditions, lighting, and clothes you were wearing, how the officer was speaking to you and other elements are all important for us to investigate.
The offices of Lependorf & Silverstein have years of experience handling DWI cases and field sobriety test problems throughout New Jersey. Our office is in Princeton and we can take DWI cases throughout the state including Newark, Jersey City, Atlantic City, Paterson, and Elizabeth. Our New Jersey DUI attorneys offer free consultations and we are always upfront about our costs and fees. Contact us for any of your field sobriety test questions or problems.
If you or a loved one has been accused or arrested for a DWI in New Jersey, contact Lependorf & Silverstein today for a free consultation.
