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A drive along the Garden State Parkway or Route 37 in Toms River can turn stressful the moment you see flashing lights in your rearview mirror. If an officer suspects you of driving while intoxicated (DWI), they will likely ask you to step out of the car. They might then ask you to perform a series of physical exercises known as Standardized Field Sobriety Tests (SFSTs). You might wonder: Your Rights at a NJ DWI Stop: Do I Have to Take a Field Sobriety Test?
Many drivers assume they must comply with every request an officer makes during a traffic stop. But in New Jersey, there is a major difference between the roadside physical tests and the chemical breath test administered at the station. Understanding this distinction can help you protect your future and your driving privileges.
Are Field Sobriety Tests Mandatory in New Jersey?
Unlike the breath test at the police station, field sobriety tests are voluntary in New Jersey. You are not legally required to perform the walk-and-turn, the one-leg stand, or the horizontal gaze nystagmus (HGN) eye test. Refusing these physical exercises does not carry the same automatic penalties as refusing a breath test under New Jersey’s implied consent law.
Officers use these tests to build probable cause for an arrest. They look for signs of impairment, such as swaying, losing balance, or failing to follow complex instructions. If you decline to take these tests, the officer cannot ticket you for the refusal itself. But the officer may still arrest you based on other observations, such as the smell of alcohol, slurred speech, or erratic driving.
The Three Standardized Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) developed three specific tests that New Jersey officers typically use. These tests are designed to be difficult, and many sober people struggle to perform them perfectly under the pressure of a roadside stop.
The Horizontal Gaze Nystagmus (HGN) Test
The HGN test involves the officer holding a pen or small light and asking you to follow it with your eyes. They look for an involuntary jerking of the eyeball, which can be more pronounced when someone is intoxicated. Even so, New Jersey courts have strict rules about how this evidence is used, as many medical conditions can also cause this jerking motion.
The Walk-and-Turn Test
This test requires you to take nine heel-to-toe steps along a straight line, turn in a specific way, and walk nine steps back. The officer counts “clues” of impairment, such as starting before the instructions are finished, stepping off the line, or using your arms for balance.
The One-Leg Stand Test
In this exercise, you must stand with one foot about six inches off the ground and count aloud until the officer tells you to stop. Even minor swaying or putting your foot down can be marked as a failure. Physical factors like inner ear issues, back injuries, or even the type of shoes you are wearing can make this test nearly impossible to pass.
Field Sobriety Tests vs. the Alcotest Breath Test
It is vital to distinguish between roadside exercises and the official breath sample requested after an arrest. Under N.J.S.A. 39:4-50.2, any person who operates a vehicle on New Jersey roads is deemed to have given consent to a breath test to determine their blood alcohol concentration (BAC).
If you refuse the official breath test (the Alcotest) at the police station, you face severe penalties for “Refusal.” These penalties for a first offense can include:
- Mandatory installation of an ignition interlock device (IID) for 9 to 15 months.
- Significant fines ranging from $300 to $500.
- Surcharges of $1,000 per year for three years.
- At least 12 hours of attendance at an Intoxicated Driver Resource Center (IDRC).
While you can politely decline the physical tests on the shoulder of the road without being charged with “Refusal,” saying no to the breath test at the station carries immediate and mandatory consequences for your license.
Challenges to Field Sobriety Test Evidence
If you did choose to perform the field tests and were subsequently arrested, that evidence is not set in stone. We look for every possible flaw in the way the tests were administered. For example, the ground must be level and dry for the walk-and-turn and one-leg stand. If the officer conducted the tests on the uneven shoulder of Route 9 or in the rain, the results may be unreliable.
We also examine whether the officer followed the exact NHTSA guidelines for instructions. If the officer failed to explain the test properly or ignored your medical history, we can argue that the results should be suppressed. Our goal in every case is to find these technicalities to work toward a dismissal of the charges.
Your Rights and the Toms River Municipal Court
If you are charged with a DWI in our area, your case will likely be heard in the Toms River Municipal Court. New Jersey does not allow jury trials in DWI cases; instead, a judge decides the outcome in a bench trial. Recent legal changes now allow plea bargaining in some DWI cases at the prosecutor’s discretion, a practice previously prohibited for decades.
A conviction can have a permanent impact on your life. New Jersey law does not allow for the expungement of DWI convictions, as they are considered motor vehicle violations rather than criminal offenses. This permanent mark can affect your professional licenses, your job, and even your immigration status.
How The Hernandez Law Firm, P.C. Can Help
Facing a judge alone is a significant risk when your future is on the line. At The Hernandez Law Firm, P.C., we offer flat fees for most cases, so you know exactly what to expect from the start. We use our extensive training and attention to detail to find the flaws in the prosecution’s case that others might overlook. Our focus is on protecting your immigration status, your job, and your reputation from the stigma of a conviction.
If you have been arrested for a DWI in or near Toms River, don’t wait to see what happens in court. Call us at 732-582-5076 to discuss your situation. We are here to provide the helpful guidance, honest communication, and dedicated representation you need to move past this mistake and keep your life on track for the long term.
