Field Sobriety Tests in New Jersey Drunk Driving Cases
There is no statutory requirement that an arrested defendant perform field sobriety tests at the request of a law police officer. Field sobriety tests are the psychophysical tests that the officer asks you to perform which can include the "horizontal gaze nystagmus test" (HGN test), the "walk and turn test", and the "one-leg stand test". However, the duty to submit to field sobriety testing has been established through case law in New Jersey. In State v. Macuk, the court held that "[t]here is a clear legal right to require a motor vehicle operator, arrested on probable cause for 'driving under the influence' or 'while impaired' to submit to a chemical test of bodily substances to determine the amount of alcohol in his blood, or, for that matter, to a physical coordination test." There is no statutory penalty for refusal to submit to field sobriety tests. But, there is an express duty to submit and no right to refuse and this fact can be used against the defendant at trial.
For additional information, please see my DWI page on the Iler Law Firm website.
