Newark DUI Defense Attorney Rachel Kugel Explains the Role of Field Sobriety Tests in New Jersey

NEWARK, NJ - Drivers stopped on suspicion of driving under the influence in New Jersey may be asked to perform roadside exercises known as field sobriety tests, but the results do not, by themselves, prove intoxication. Newark DUI defense attorney Rachel Kugel of The Kugel Law Firm (https://thekugellawfirm.com/what-is-a-field-sobriety-test-in-new-jersey/) explains how these tests are administered, whether motorists are required to take them, and how the results may be challenged in court.

According to Newark DUI defense attorney Rachel Kugel, field sobriety tests are observation-based roadside exercises used to assess possible signs of impairment by alcohol or drugs. The three standardized field sobriety tests in the NHTSA/IACP SFST battery are the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand. "These tests are designed to measure physical coordination, balance, and the ability to follow instructions, but performance can be affected by many factors that have nothing to do with alcohol," Kugel notes.

Newark DUI defense attorney Rachel Kugel emphasizes that field sobriety tests are voluntary in New Jersey. Drivers cannot be ticketed or penalized solely for refusing to perform the roadside exercises. This rule is different from chemical breath testing under the implied consent law in N.J.S.A. 39:4-50.2, where refusal carries separate penalties. Importantly, police officers are not required to inform drivers that field sobriety tests are voluntary.

The firm explains that during the Horizontal Gaze Nystagmus test, an officer instructs the driver to follow an object with only their eyes while watching for involuntary jerking known as nystagmus. Officers look for three clues in each eye, for a total of six clues. Nystagmus can also occur for reasons unrelated to alcohol, including fatigue, certain medications, or medical conditions affecting the inner ear or neurological system.

The Walk-and-Turn test requires a driver to place one foot directly in front of the other, take nine steps in a straight line, turn around, and return in the same manner, attorney Kugel notes. Officers score the test based on eight possible clues, including inability to maintain balance during instructions, starting too soon, stopping while walking, failing to touch heel to toe, stepping off the line, using arms for balance, making an improper turn, and taking the wrong number of steps. "Two or more clues may prompt an officer to continue the investigation, but those results must always be evaluated in context," Kugel explains.

In the One-Leg Stand test, the firm adds, the driver is asked to stand with both feet together, raise one leg approximately six inches off the ground, and count out loud until told to stop. Officers score this test based on four clues: swaying, using arms for balance, putting the foot down, and hopping.

Kugel observes that beyond the standardized battery, some officers in the Garden State may also ask drivers to perform non-standardized exercises such as the finger-count test, the finger-to-nose test, reciting the alphabet, tilting the head back with eyes closed, or counting backwards. These exercises are not part of the NHTSA/IACP standardized battery and do not have the same clue-based scoring structure, which can give the defense more room to challenge how they were instructed, scored, or interpreted.

"Walk-and-Turn and One-Leg Stand performance may be evaluated as observations of balance, coordination, and the ability to follow instructions," The Kugel Law Firm notes. "Horizontal Gaze Nystagmus requires more careful evidentiary treatment because it involves a scientific concept that New Jersey courts have treated differently from ordinary roadside coordination observations."

Several factors can weaken the reliability or weight of test results, the firm explains. Improper administration by the officer, environmental conditions such as uneven ground or poor lighting, and pre-existing medical and physical conditions can all affect performance. Standard procedures call for the Walk-and-Turn to be conducted, whenever possible, on a reasonably dry, hard, level, non-slippery surface with enough room for nine heel-to-toe steps. Elevated footwear may also be relevant when reviewing the test.

Attorney Kugel notes that a New Jersey DWI case does not always require a breath test result. The State may rely on observational evidence, including driving behavior, odor of alcohol, statements, physical appearance, officer observations, and field sobriety test performance. Under N.J.S.A. 39:4-50, operating a vehicle with a BAC of 0.08% or higher is a per se violation, but a driver may also be convicted with a BAC below 0.08% if the State proves alcohol or drugs impaired the driver's ability to operate a vehicle safely.

In drug DUI cases, the firm adds, standardized field sobriety tests are less direct because they were developed and validated mainly in alcohol-impaired-driving research. The tests may still be used as part of an officer's observations, but they do not identify a specific drug or prove that a drug caused impairment.

For those facing DWI or DUI charges in Newark or throughout New Jersey, consulting an experienced DUI defense attorney can help evaluate whether the officer's instructions, conditions, and conclusions raise questions about the reliability of the State's case.

About The Kugel Law Firm:

The Kugel Law Firm is a Newark, New Jersey-based law firm focused exclusively on defending individuals charged with driving under the influence of alcohol or drugs. Led by attorney Rachel Kugel, the firm represents clients throughout New Jersey, including Newark, Jersey City, and Hudson County. For consultations, call (973) 854-0098.

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