Field Sobriety Tests
A conviction for a DUI/DWI offense in New Jersey can lead to jail time, license suspension, heavy fines, and probation. It is important to contact an attorney before appearing in court or entering a plea for your DUI/DWI charge. Even if you feel like you’ve been caught red handed, don’t assume the prosecution has a fool proof case. I carefully analyze the evidence and check the actions of law enforcement officials, and their equipment to mount a powerful defense for my clients. There are many different ways to challenge a DUI/DWI in New Jersey, and attacking the manner and interpretation of field sobriety tests is a big one.
The Law Offices of Anthony N. Palumbo law firm defends individuals accused of DUI/DWI offenses throughout New Jersey including Middlesex County, Monmouth County, Essex County, Somerset County and the towns of Union County, Elizabeth, Westfield, Cranford, Garwood, Mountainside, Linden, Rahway, Clark, Roselle, Roselle Park, Springfield, Kenilworth, Union, and Scotch Plains.
What is a Field Sobriety Test?
When a person is pulled over in a traffic stop, and provides the proper identification and paperwork to the policeman on site, the officer must allow the driver to leave unless there is probable cause of a crime (i.e. DUI/DWI). In order to have probable cause for a DUI/DWI, officers must conduct field sobriety tests and/or a blood or breath test. If the test results provide probable cause of driving under the influence, the officer can make an arrest for a DUI/DWI. The results of the field sobriety tests are recorded in the police report and the drinking and driving report which your attorney will receive upon discovery.
Field Sobriety Tests include the following:
- Touching finger to nose
- Tilting Head
- Reciting the ABCs
- Balancing on one leg
- Touching heel to toe
- Eye Test
The Eye Test is commonly known as the Horizontal Gaze Nystagmus Test. In this test, police officers shine a light into the eyes, and if a person is under the influence, the eye will twitch.
Attacking a Field Sobriety Test
There are many ways to attack blood-breath tests and field sobriety tests. A blood-breath test may be challenged by proving the officer was not qualified to administer the test, the test was not properly administered, or the testing device was not properly certified. Field sobriety tests can also be challenged on grounds that the test was misinterpreted or the results were embellished. If the reliability of the field sobriety test can be reduced enough to defeat probable cause to arrest for DUI/DWI, your case will be dismissed.
For more information, visit my DUI/DWI Homepage, or visit one of my other New Jersey DUI/DWI information pages which are listed below.
Anthony N. Palumbo at The Law Offices of Anthony N. Palumbo
For the last 39 years, I have been successfully defending DUI/DWI charges in New Jersey, and giving my clients the results they need. I personally comb through the evidence, and analyze all angles of a case in order to build the most solid defense possible. I have eliminated countless DUI/DWI charges on my clients’ behalves. Contact me today for a Free Initial Consultation at 908-643-6801 .