Driving under the influence of alcohol or drugs is an offense taken extremely seriously in New Jersey. When you are pulled over for suspected drunk driving, one of the most important decisions you will make is whether or not to submit to a breathalyzer or field sobriety test. As an NJ driver, it is important to understand the consequences of refusing a field sobriety test, if there are any. Continue reading and reach out to a Bergen County criminal defense lawyer for skilled legal advice and representation.
What is a Field Sobriety Test?
Field sobriety tests are physical and cognitive assessments conducted by police officers to determine whether or not a driver is impaired by drugs or alcohol. The three tests standardized by the NHTSA (National Highway Traffic Safety Administration) are the horizontal gaze nystagmus, the walk and turn, and the one-leg stand test.
The horizontal gaze nystagmus tests for involuntary eye movements and jerking, which is common in individuals under the influence of alcohol. It involves the driver following an object (like a pen or light) with their eyes side to side.
The walk and turn test assesses the driver’s physical abilities, like balance and coordination, and the ability to listen and follow instructions. During this test the driver is asked to walk a certain number of steps heel to toe, turn on one leg, and walk back the other way.
The one-leg stand test also tests the driver’s coordination and ability to follow directions, as well as their cognitive ability. The officer asks the driver to balance on one leg for a set amount of time while counting out loud. They are looking to see if the driver sways, loses balance, hops around, loses count, etc.
What Are the Consequences of Refusing a Field Sobriety Test in NJ?
Under New Jersey Statute 39:4-50.2, any person who operates a motor vehicle on a public road in the state has given their implied consent to submit to chemical testing of their breath, blood, and urine to determine whether they are driving under the influence. Refusing to abide by this law can result in criminal penalties like significant fines, license suspension, and more.
There is no law, however, requiring that drivers submit to a field sobriety test. Because participation in these types of tests is not mandated by law, there are no criminal or legal penalties associated with a refusal. However, there are still certain consequences that can arise when you refuse to submit to a field sobriety test.
Your refusal could make the police officer more suspicious of your guilt, meaning they will be more thorough in their investigation and may be more likely to arrest you and order chemical testing. If you are charged with a DUI, the prosecution can also use the fact that you refused as evidence that you knowingly operated a vehicle under the influence and were attempting to hide your intoxication from the arresting officer.
Although simply refusing the test will not result in automatic penalties, it can have an impact on your case. To learn more about your legal rights and options, reach out to an experienced defense attorney today.