These tests assess a driver’s physical coordination and cognitive abilities. In this article, you’ll learn about “what is field sobriety test in New Jersey,” the standardized and non-standardized tests used, when they are administered, and their legal implications.
Overview of Field Sobriety Tests in New Jersey
Field sobriety tests help law enforcement evaluate a driver’s impairment due to alcohol or drugs, including assessing the driver’s blood alcohol content.
These tests are designed to evaluate various aspects of a driver’s physical and cognitive abilities, including the driver’s ability to balance, memory, coordination, motor skills, and the ability to focus.
The primary goal is to determine whether a driver is impaired and if there is probable cause for a DUI arrest.
The National Highway Traffic Safety Administration (NHTSA) has endorsed a set of standardized tests designed to reliably predict impairment. These standardized field sobriety tests (SFSTs) are used by police officers in New Jersey to ensure a more objective and consistent assessment of a driver’s impairment level.
Understanding these tests can help you better navigate encounters with law enforcement and safeguard your rights.
Standardized Field Sobriety Tests (SFST)
Standardized Field Sobriety Tests (SFSTs) form an essential part of law enforcement’s toolkit for assessing impaired driving. Approved by the NHTSA, these tests aim to provide a reliable method for evaluating a driver’s physical and cognitive faculties. The three primary standardized tests include the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS).
In New Jersey, police officers use these standardized tests during traffic stops and other encounters to gauge whether a driver is impaired by alcohol or drugs. These tests aim to provide an objective measure of impairment, making them vital in assessing a driver’s condition.
Horizontal Gaze Nystagmus (HGN) Test
The horizontal gaze nystagmus test is one of the most commonly used field sobriety tests. It measures involuntary eye movements to detect signs of intoxication. During the horizontal gaze nystagmus test, an officer will ask the driver to follow a moving object, such as a pen or a flashlight, with their eyes. Jerky pupil movements or a lack of smooth pursuit can indicate alcohol intoxication.
Indicators of failing the HGN test include moving the head instead of just the eyes, looking away from the object, or exhibiting nystagmus—an involuntary jerking of the eyes. This test is particularly effective because it relies on involuntary reactions that are difficult to control, making it a reliable indicator of impairment.
Walk-and-Turn (WAT) Test
Another key component of standardized field sobriety testing is the walk and turn test. This test requires the driver to walk nine steps heel-to-toe in a straight line, turn around, and walk back in the same manner. The officer will observe the driver’s ability to maintain balance, follow instructions, and perform the task without stumbling.
Signs of impairment during the WAT test include losing balance, stepping off the line, or making an improper turn. These actions can suggest that the driver’s motor skills and cognitive functions are compromised, providing law enforcement with evidence of possible intoxication.
One-Leg Stand (OLS) Test
The One-Leg Stand (OLS) test is designed to assess a driver’s balance and coordination. In this one leg stand test, the driver is asked to stand on one leg with a raised foot while counting aloud until instructed to stop. The officer will look for signs of intoxication, such as swaying, using arms for balance, or putting the foot down prematurely.
These indicators, such as swaying or lowering the foot, can suggest that the driver’s balance and motor skills are impaired. The OLS test completes the trio of standardized sobriety tests, offering a comprehensive assessment of a driver’s physical state.
Non-Standardized Field Sobriety Tests
In addition to the standardized tests, police officers may also use non-standardized field sobriety tests to assess a driver’s impairment. These tests, while not officially recognized by the NHTSA, can still provide valuable insights into a driver’s cognitive and motor skills. Examples of non-standardized field sobriety tests include reciting the alphabet, counting backwards, and the finger-to-nose test.
Non-standardized tests often complement standardized ones, building a comprehensive picture of a driver’s impairment. Although they lack the formal endorsement of the NHTSA, they can still play a critical role in the overall assessment process.
Finger-to-Nose Test
A common non-standardized test is the Finger-to-Nose test. During this test, the driver is asked to close their eyes, tilt their head back, and attempt to touch their nose with their index finger. The test is designed to assess the driver’s motor skills and balance.
Accurately touching the nose with the finger indicates good coordination and balance. Difficulties in performing this task can suggest impairment, providing law enforcement with additional evidence of intoxication.
Counting Backwards
The Counting Backwards test is another non-standardized field sobriety test used by police officers. This test requires the driver to count backwards from a specified number, such as 100, to evaluate their cognitive function and mental clarity.
Signs of impairment during this test include sequencing difficulties, hesitation, or slurred counting. These signs can provide law enforcement with additional evidence of a driver’s impaired cognitive abilities.
Reciting the Alphabet
Reciting the alphabet is a simple yet effective non-standardized field sobriety test. The officer asks the driver to recite the alphabet to gauge cognitive ability and level of impairment.
Errors in reciting the alphabet, such as slurred speech or incorrect sequencing, can indicate intoxication.
When Are Field Sobriety Tests Administered?
Field sobriety tests are usually administered during traffic stops, at accident scenes, or DUI checkpoints if officers suspect impairment. They are often the initial step before chemical testing to evaluate potential impairment.
When an officer suspects that a driver is impaired, they may request field sobriety tests to establish probable cause for a DUI arrest. These tests can also be performed at DUI checkpoints as part of routine safety measures.
Knowing when and why these tests are administered helps drivers prepare for such encounters.
Accuracy and Reliability of Field Sobriety Tests
Several factors, such as human error, unclear instructions, and environmental conditions, can influence the accuracy and reliability of field sobriety tests. These tests are inherently subjective, relying on officers’ interpretations, which can sometimes lead to misleading results.
Legal strategies often involve challenging the results of field sobriety tests by questioning the instructions given or the testing conditions. Despite their flaws, these tests serve as preliminary evaluations of intoxication, playing a crucial role in assessing a driver’s impairment.
Legal Implications of Failing a Field Sobriety Test
In New Jersey, failing a field sobriety test can provide law enforcement with preliminary evidence to justify a DUI arrest. These results can contribute to establishing probable cause, even without breath test evidence.
The legal consequences of failing a field sobriety test can be severe, including potential fines, license suspension, and other penalties based on the driver’s history. Conviction for DUI can occur based on a combination of factors, including field sobriety test performance, even without breathalyzer evidence.
Challenging Field Sobriety Test Results
The subjective nature of these tests allows their results to be challenged in court, often affecting the severity of DUI charges. Attorneys often challenge the reliability of officer observations and instructions given to drivers, which can affect outcomes.
Field sobriety tests are often considered less reliable than chemical tests due to their susceptibility to human error and other flaws.
Retaining a defense attorney is vital due to the complexity of these tests and the potential for misuse in suggesting intoxication.
Importance of Hiring a New Jersey DWI Attorney
Legal representation safeguards your future and helps minimize the severe consequences of DUI/DWI cases. Hiring an attorney can be significantly less costly than the long-term financial impacts of a DUI/DWI conviction.
An experienced attorney can identify procedural errors that may lead to case dismissal and contest license suspensions at DMV hearings. They have access to expert witnesses and can effectively negotiate alternative sentencing options for defendants. Hiring a New Jersey DWI attorney is crucial for protecting your rights and future.
Summary
Understanding field sobriety tests is crucial for anyone who drives in New Jersey. These tests, whether standardized or non-standardized, play a vital role in assessing a driver’s impairment and establishing probable cause for DUI arrests. The standardized tests endorsed by the NHTSA, such as the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand, offer a more objective assessment, while non-standardized tests like reciting the alphabet or counting backwards provide additional insights. However, the accuracy and reliability of these tests can be influenced by various factors, making it essential to challenge their results when necessary. Hiring an experienced New Jersey DWI attorney can make a significant difference in navigating the legal implications and protecting your rights.
