New Jersey takes driving while intoxicated very seriously, as drunk drivers are putting innocent victims in harm’s way. When a law enforcement officer suspects that a driver is intoxicated, they will conduct a series of tests that are known as Field Sobriety Tests that exist to help the officer determine if the driver has alcohol in their system. The three Field Sobriety Tests that may be issued include the One Leg Stand test, the Walk and Turn test, and the Horizontal Gaze Nystagmus test, all of which have very specific instructions that must be read before the test is administered.
It is important to note that there are many different defenses that may be utilized if an individual fails a Field Sobriety Test. Some of the possible defenses that an experienced DWI defense attorney may explore include the following:
- The officer that administered the test failed to read all of the instructions of the test and/or failed to demonstrate the test as an example
- The officer failed to inform the individual taking the test that they are allowed to remove high heels if they were worn at the time of the test
- The individual who was suspected of being intoxicated had health issues that would make it impossible to pass the Field Sobriety Test such as issues with balance issues, an eye condition, etc.
A DWI defense attorney can assess the conditions surrounding the arrest and look for issues from the Field Sobriety Test to problems with other parts of the arrest, such as failure to read Miranda Rights. If you have been charged with a DWI in New Jersey, contact Rem Law Group today.