DWI Field Sobriety Tests in NJ
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There are standardized field sobriety test which will be recognized by the court and then there are non standardized field sobriety tests. A knowledgeable New Jersey DUI attorney will tell you that tests such as finger to nose, reciting the alphabet and finger counting are not standardized and should not be used as evidence in court.
When the field sobriety tests were in development, there were six tests undergoing study. They were:
- The Walk and Turn (WAT)
- The One Legged Stand (OLS)
- Horizontal Gaze Nystagmus (HGN)
- Finger to Nose
- Finger Counting
- Drawing on Paper
Out of these six, three were determined to be reliable and accurate enough to continue with further study. These were the Walk and Turn, One Legged Stand, and Horizontal Gaze Nystagmus.
With further study, they determined the accuracy of the tests in predicting a BAC of 0.10%:
- Walk and Turn: 68%
- Horizontal Gaze Nystagmus: 77%
- One Legged Stand: 65%
- Horizontal Gaze Nystagmus & Walk and Turn: 80%
These tests have been validated for alcohol only and not for other drugs. (Read more about the reliability of DUI breath tests)
A New Jersey DUI lawyer knows the deficiencies and room for error in field sobriety tests and can argue against them being used as evidence in your case.
Reisig Criminal Defense & DWI Law, LLC
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Freehold, NJ 07728