When you are pulled over by a police officer on suspicion of driving under the influence of alcohol, they will be required to administer you field sobriety tests. There are three field sobriety tests that can be given; the horizontal nystagmus test, the one-legged stand test and the walk and turn test. They are used by police officers to gather evidence against your case to prove that you have been driving under the influence of alcohol. In addition, it is likely that you will also be given a chemical breath test or a breathalyzer. This determines what your blood alcohol content is and can prove you were driving with a higher BAC than the legal .08 percent that is allowed.
What many people don’t realize is that there are defenses that can be brought up in court if you failed your field sobriety test. The police officers use a checklist to determine any errors you may make. However, if you are wearing high heels at the time of your exam, you may have a defense that invalidates the exam. Some other defenses may be that you have a health condition that affects your balance, which could cause you to fail the test.
It is also valuable to know that in New Jersey, it is not illegal to refuse a field sobriety test. You will also However, it is against the law to refuse a chemical breath test because you consent to that when you first receive your license in the state of New Jersey. That will automatically result in the suspension of your license for 7 months to 1 year if it is your first offense. You will also receive a fine of $300-$500 and take a 12-hour course at the IDRC. If you refuse the chemical breath test on more than one occasion, the penalties become more severe.