You might be asked to take a sobriety test by a police officer if you believe you have been stopped on suspicion of DUI. However, if you choose not to, you may politely decline. NJ traffic defense attorneys suggest that in New Jersey, the law doesn't require you to comply with the cop's request.   

You must know your rights because no officer will tell you that most field sobriety tests are optional. If you do not pass the tests, the police will arrest you. You will need to appear in court until the matter is resolved.

We will discuss the three common ways to determine someone's sobriety level in this blog. You cannot, however, avoid other tests because of this. While you can decline a field sobriety test, you must submit to police requests to take a breathalyzer test. Also, it will be considered an illegal act if you refuse to do that.

The Three Field Sobriety Tests

1. One-Leg Stand Test

In this test, the driver stands with one foot approximately six inches off the ground. They are instructed to count backward from 1,001 until the officer asks them to put their foot down. The officer searches for clues for the following 30 or 40 seconds. It includes putting the foot down, trying to stay balanced, using the arms for support, etc.

According to NHTSA, there is a 65% chance that a driver has a blood alcohol content (BAC) of 0.10 or higher if they display two or more of the aforementioned signs. Currently, drivers are allowed to drive with a BAC of 0.07 percent.

However, if you cause someone harm, you will receive a traffic ticket. Who knows, you may have to pay that person a sizable fine in court.

2. Walk-And-TurnTest

The driver is instructed to walk nine steps in a straight line, turn on one foot, and then take nine steps back in the opposite direction. It is part of the test. Now, during this test, the officer watches for seven signs of intoxication, including starting before the instructions are finished, being unsteady while listening to the instructions, not touching heel to toe, losing balance while walking or stopping to regain it, taking an incorrect number of steps while walking, and more.

3. Horizontal Gaze Nystagmus Test

You will be instructed by the office to follow their finger or another designated tool with your eyes as it is slowly moved from the center to the side. Without nystagmus or other uncontrollable eye movements, the driver or other person must follow the movement. The office will look for the following signs during the HGN test: if the onset angle of the jerking is within 45 degrees if the eye cannot track the object smoothly, and if the jerking is noticeable when the eye is at its maximum deviation.

Can A Sober Person Fail The Test?

People who are not intoxicated may not be able to complete the tests for a variety of reasons. These reasons include certain medical conditions like disabilities, injuries, advanced age, or taking particular medications. In that situation, the officer will inquire why the person failed the test and record the response in his arrest report. It will benefit you and your NJ traffic defense attorneys in court.

Final Words

So those were the three sobriety tests New Jersey traffic laws mandate. These tests are used by police to determine whether the driver is intoxicated. If you have a case that is taking too long to resolve or are looking for dependable NJ traffic defense attorneys, look no further than The Law Offices of Jonathan F. Marshall. While evaluating your case, they will thoroughly review all details. They have handled tens of thousands of cases and have over 200 years of combined experience. Visit their website today for more info!