There’s not necessarily a statutory requirement regarding how long an officer can conduct Field Sobriety Tests on a driver.
It is understood that a police officer has to contend with time when it comes to making a judgment about a driver’s intoxication, because the body is constantly metabolising alcohol.
Theoretically, each minute the police spend conducting Field Sobriety Tests increases the odds that chemical testing will reveal a blood alcohol level below the legal limit.
There are certainly cases where drivers allege that police ordered them to conduct Field Sobriety Testing repeatedly, presumably to arrive a pre-determined conclusion and make a DWI arrest.
The driver’s argument is that they passed the Field Sobriety Tests, sometimes repeatedly, and the tests were used in an abusive fashion.
This is an argument that can be made in court, and goes to the heart of the basis of a DWI arrest in New Jersey.
Call attorney Matthew Reisig today at 732-625-9660 and talk to one of New Jersey’s most experienced DWI lawyers for free.
