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New Jersey Field Sobriety Test

Knowing your rights can help protect you from a wrongful DWI arrest. One of the rights you may not be aware of is the fact that you are not required to perform the field sobriety tests. No matter how much the officer insists, you are under no legal obligation to do so.

As someone who has been practicing DWI law for many years and has extensive study and knowledge about field sobriety tests, I do not recommend that you perform them.

Standing on one leg is not normal. It is not something we practice on a daily basis. You may stumble and fail.

No matter how well you do, an officer that has a preconceived notion about your being drunk can and will misinterpret your actions as signs of impairment. By doing the tests, you are providing substance to the officer’s bias. You are incriminating yourself and you do not have to.

The best thing to do is politely refuse to perform these tests.