What Field Sobriety Tests Are New Jersey Cops Allowed To Administer?

Police in New Jersey are trained in using just three field sobriety tests, and any other “sobriety testing” performed beyond that is likely to be inadmissible in court.

The first test is call the Walk and Turn Test, which is intended to test a person’s ability to perform a physical test (walking in a straight line, turning in a prescribed manner, then walking back) while performing mental tasks like remembering instructions at the same time.

The second approved test is the One Leg Stand test, where a subject is given a lengthy instruction to raise one of their feet, watch it, and count out loud. The officer then watches the subject for evidence of swaying, loss of balance, slurred speech, and other signs of intoxication.

The third test is called the Horizontal Gaze Nystagmus, where the officer will instruct a subject to follow an item with his eyes, but not move his head. From there, the officer will watch for signs of involuntary motion in the normal movement of the eye, a sign of possible alcohol intoxication.

Regardless of the results of any field sobriety tests performed, there are defenses.

Attorney Matthew Reisig has beaten DWI charges in New Jersey more than 1,001 times. Call him today at 732-625-9660 for a free consultation.

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