Failing Field Sobriety Tests (FSTs) in New Jersey

When you get pulled over for suspicion of driving while intoxicated (DWI), you may be asked to submit two types of tests, a breath test and a field sobriety test (FST). It is important to be aware that you have the right to refuse a FST, although the refusal might result in an arrest. If you decide to submit to a FST, fail the test and are arrested as a result, it is in your best interest to consult with an experienced DWI defense attorney to help you.

Understanding the Field Sobriety Tests Used in New Jersey

The following are the three FSTs used in New Jersey that are validated by the National Highway Traffic Safety Administration (NHTSA).

1. Horizontal Gaze Nystagmus Test – This test will check:
   • Lack of tracking in either left or right eye
   • Repetitive or uncontrolled movements in either eye prior to 45 degrees of movement
   • Involuntary eye movement in either eye at full deviation
   • Repetitive or uncontrolled movements in either eye when looking upward
2. Walk-and-Turn Test – This test will check:
   • Balance
   • Starting and stopping time
   • Maintenance of heel-and-toe contact
   • Maintenance of the line
   • Manner and number of turns
   • Number of steps
3. One-Leg Stand Test – This test will check:
   • Balance
   • Manner of hopping
   • Putting down the raised foot

If you or a loved one has been arrested for failing a FST, speak to an experienced DWI defense attorney as soon as possible.

At The Law Offices of Joel Silberman, LLC, we have the extensive experience, knowledge and skills to handle DWI cases. Our DWI defense lawyers will work hard to protect your rights and fight on your behalf to help you avoid a serious conviction. Call 201-420-1913 or email joel@joelsilbermanlaw.com.