Challenging a Field Sobriety Test in New Jersey

New Brunswick attorney provides sound defense representation in DUI cases

If the police suspect you of driving under the influence, they may require you to take a field sobriety test, and use the result to justify arresting you. However, these tests are subjective and prone to errors made by the officers administering them. At the Law Offices of Eric B. Morrell, I am experienced in challenging field sobriety test procedures and results throughout New Jersey, and can assess whether the case against you is tainted by law enforcement impropriety.

How field sobriety tests are used in New Brunswick DUI stops

When a police officer pulls someone over on suspicion of driving under the influence of alcohol or drugs (DUI), they will conduct one or more field sobriety tests. Purportedly, the motorist’s performance during these tests is evaluated to determine if a breathalyzer or blood test should be administered. Generally the following three specific tests are used: 

• Walk-and-turn — This test requires the driver to take nine heel-to-toe steps in one direction, turn around and take nine more heel-to-toe steps in the opposite direction.
• One-leg stand — This test requires the driver to hold one foot off the ground while counting to 30.
• Horizontal gaze nystagmus — This test requires the driver to focus their eyes on a pen or other small object that the officer holds in front of them and moves from side to side.

In reality, these tests are highly subjective and often used merely to justify an arrest rather than assess impairment.

Reasons why field sobriety tests are often unreliable  

A major problem with the validity of these tests is that factors other than drugs or alcohol may cause the driver to make mistakes that the officer incorrectly interprets as impairment. These include human factors, such as fatigue, anxiety, pain or medical conditions, and external factors, such as weather, poor lighting, uneven pavement and distracting traffic. As a seasoned New Jersey DUI attorney, I know that many field sobriety tests are not scientifically reliable indicators of intoxication.

New Jersey lawyer identifies instances of police errors and improper test administration 

New Jersey police officers are required to receive training in conducting field sobriety tests, but they don’t always remember their training. Common mistakes officers make include:

• Unclear or incorrect instructions
• Failure to take account of physical or environmental factors
• Misperception or misinterpretation of the driver’s reactions during the test

If a police officer gives a driver improper instructions on how to complete the test or deviates from standardized testing procedures, that cause the prosecution’s DUI case to collapse.

Legal strategies for challenging field sobriety tests in NJ courts

The first step to challenging a field sobriety test is to review the evidence, including the police report and any bodycam and dashcam footage of the traffic stop and test. If a problem is indicated, my firm will move to suppress any evidence derived from an unlawful stop or a test that is improperly administered or interpreted, including breathalyzer or blood tests. In court, I will challenge the test’s validity through cross-examination and expert testimony if necessary.

Hiring a New Brunswick DUI defense lawyer to assert your fundamental rights

If you’re arrested on suspicion of DUI in Middlesex County or anywhere else in New Jersey, you want a tough criminal defense lawyer familiar with local police procedure and judges. The earlier you retain my firm, the quicker I can act to preserve critical evidence, such as video footage. My extensive experience in this area helps me pinpoint errors that might be the key to winning your case. 

Contact a New Jersey DUI attorney to discuss your legal options

The Law Offices of Eric B. Morrell in New Brunswick represents clients throughout Middlesex, Somerset and Union counties accused of driving under the influence of alcohol or drugs. Please call 908-768-3837 or contact me online for your complimentary consultation.