Field Sobriety Test in New Jersey and Pennsylvania
Don’t Go to Jail or Lose Your License
Make Certain Your Field Sobriety Tests Were Properly Conducted
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When you have been pulled over by police, and they suspect that you have been drinking, the first thing they will typically do is ask you to submit to a field sobriety test. They do this for a reason—they cannot simply ask you to take a blood alcohol content (BAC) test without probable cause. They will generally use the results of the field sobriety test to determine whether or not to request the BAC test. But field sobriety tests have been proven to be less than reliable, and studies have shown that police frequently make mistakes when conducting them. Accordingly, you may be able to show that the test was improper. If so, you may be able to have all evidence subsequently obtained thrown out.
At the Law Offices of Michael Curtis Greenberg, we have tenaciously protected the rights of people in Pennsylvania and New Jersey for more than 25 years, with our focus on the defense of DUI and DWI charges. Because of our proven record of success, and our willingness to take the most difficult cases, many of our new clients come to us as referrals. We work regularly with out-of-state motorists who have been arrested in New Jersey or Pennsylvania, as well as individuals with commercial drivers licenses (CDLs).
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Field Sobriety Tests—Protecting Your Rights
There are generally three types of field sobriety tests that are used and which have been accepted by courts. All three have been shown in studies to be unreliable in approximately one in three cases. The typical tests employed are:
- The walk and turn test—the police officer will ask you to walk heel-to-toe in a specific direction, then turn and walk back in the same fashion. Many factors can make this test suspicious, including weight, medical conditions, lighting and the nature of the pavement.
- The horizontal gaze nystagmus (HGN) test—the law enforcement officer will hold something in front of you (usually a pen or a small flashlight) and ask you to follow it as it is moved up and down and sideways. The officer is looking to see if you are blinking on an accelerated basis, believed to be a sign of intoxication.
- The one-leg stand—the officer requests that you stand on one leg and count to a specific number. This test can also be affected by weight, physical conditioning and other factors.
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To schedule an appointment with DUI and DWI defense attorney, contact us by e-mail or call our office at (800) 608-1350.