Standardized and Idiosyncratic Field Sobriety Tests That New Jersey Police Use

If the police pull you over for suspected DWI in New Jersey, they may ask you to perform field sobriety tests (FSTs). Those purport to determine how impaired you might be and whether you will be arrested for driving while intoxicated (DWI). In New Jersey there is no legal obligation to perform field testing. Cooperation with breath testing- after being arrested- is compelled and enforced by statutory penalties.

Officially Approved Tests

The National Highway Traffic Safety Administration (NHTSA) promulgates three standardized field sobriety tests (SFSTs). The New Jersey State Police have adopted those.

If arrested, speak with a NJ DUI lawyer.

One-Leg Stand (OLS)

For this test, the officer tells you to stand on one foot six inches off the ground and count aloud for 30 seconds. They watch you to see if you sway, hop, or use your arms to balance.

Usually, any deviation is scored as a “clue” or considered an indicator of impairment. However, many external factors, such as road conditions or physical limitations, may make it difficult to get through this test, even when sober.

Walk-and-Turn (WAT)

The walk-and-turn test purports to test balance, coordination, and ability to follow directions. The officer instructs a subject to walk heel to toe nine steps down a straight line, turn, and walk back.

Blunders such as stepping off the line or not turning as instructed are scored as clues and would be argued in Court as indicative of being intoxicated. However, environmental conditions, like uneven pavement, can affect ability to perform this test accurately.

Horizontal Gaze Nystagmus (HGN)

HGN is a test of involuntary eye movements that become exaggerated under the influence of alcohol. The officer watches your eyes as you watch a pen or small object moving side to side.

In New Jersey, however, the courts have found that HGN test results are inadmissible in court to prove guilt because the test is too technically complex for lay interpretation and otherwise not established science.

Other Tests

Officers will sometimes also use non-standardized field sobriety tests, such as a finger-to-nose test, alphabet recitation, or the Romberg balance test.

Those are non-standardized and considered less reliable, and their validity in court can be questioned.

Performance can be affected by many factors, including anxiety or stress.

How Can I Challenge Field Sobriety Test Evidence?

Field sobriety tests are far from foolproof. Several factors can negatively affect performance, and an experienced defense attorney can challenge the evidence.

Injuries

If you have any previous injuries, such as a foot, knee, or back, you may not be able to do physical tests such as OLS or WAT. These tests should be administered only after officers ask if you are healthy and if not, they should be challenged on the results.

Weather Conditions

Field sobriety tests can be impacted by poor weather conditions, such as rain or snow, that can severely hinder your ability to perform those correctly.

Ground Conditions

FSTs are often administered on uneven or broken pavement. The test results are certain to be affected, even if you are sober, because your balance might suffer if the roadside conditions are poor.

Lighting

Under poor lighting conditions at the test site, the officer may not be able to observe your performance accurately. When visibility is affected, the officer’s conclusions could be called into question.

Clothing and Shoes

Shoes that are too uncomfortable or constricting, such as high heels or flip-flops, can impact balance and coordination tests. The officer should take these into account before judging your performance.

Age and Weight

Even if you are sober, some people, such as the old or the fat, will have trouble with the one-leg stand or walk-and-turn tests. The NHTSA admits these factors can influence reliability of results.

If you are charged with DWI, the limitations of such tests and subjective, observation evidence can be asserted to challenge the results. Always seek advice from an experienced DWI attorney to know your options.

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