If your vehicle is stopped by an officer of the law and they believe you may be operating your car under the influence, you may be asked to submit to roadside sobriety tests. Here’s what you need to know about test accuracy, your legal rights, and how to defend yourself against drunk driving charges in New Jersey.
What Are Roadside Sobriety Tests?
Roadside sobriety tests are physical evaluations conducted by a police officer, usually on the side of the road after a suspected DWI stop. They are designed to indicate whether the individual being tested is under the influence of alcohol or drugs. These tests include:
Walk-and-Turn
This test is designed to check your balance and coordination. You will be asked to walk heel-to-toe in a straight line for several steps, pivot on the balls of your feet, and walk back to the original starting point again. The officer is looking to see if you’re able to follow directions, stay upright, and maintain your balance.
One-Leg Stand
The one-leg stand test also checks for coordination and balance. You’ll be asked to stand facing the officer with your arms out. The officer will have you raise one foot about 12” off the ground and hold it in front of you for several seconds.
Horizontal Gaze Nystagmus
This test allows the officer to check for the physical effects of intoxication. They will ask you to follow an object with your eyes, usually a small flashlight or a pen. The officer will move the object side to side, looking for signs of nystagmus — a medical condition that can have temporary onset after alcohol consumption.
Are You Legally Required to Submit to Roadside Sobriety Tests?
If an officer stops your vehicle and asks you to step out to submit to a roadside sobriety test, you have the right to politely decline. While you stand to incur penalties — such as the loss of your driver’s license — if you refuse chemical testing, there is no law that mandates you get out of your vehicle unless you are under arrest. Since these tests are generally inaccurate, it’s usually in your best interest to decline.
When to Contact a New Jersey DWI Lawyer
If you were arrested and charged with DWI in New Jersey, don’t wait to get legal help. Hubert Criminal Defense & Injury Law is an experienced criminal defense firm with the skills and expertise needed to defend you after a DWI arrest. Call now for a consultation at 856-384-6553.