Being pulled over by law enforcement can be a stressful and confusing experience. Your mind races as you try to remember every detail of your recent actions. If an officer suspects you have been drinking, they may ask you to perform a series of field sobriety tests. Understanding your rights and the potential consequences of your choices in this moment is critical. At Scirocco Law, P.C., our family of attorneys has served clients for over 65 years, and we want to provide the clarity you need during these challenging situations.
What Are Field Sobriety Tests and Breathalyzer Tests?
In New Jersey, it’s important to know the difference between roadside field sobriety tests and the breathalyzer, also known as the Alcotest. Each test carries different rules and consequences, so recognizing which one you are being asked to take is essential for making informed decisions during a traffic stop.
Your Rights: Can You Refuse a Field Sobriety Test in NJ?
Field sobriety tests are a set of physical and mental tasks an officer may ask you to perform if they suspect impairment. These include the walk-and-turn, one-leg stand, and the horizontal gaze nystagmus (eye movement) test. In New Jersey, you have the legal right to refuse these field sobriety tests, and there is no direct legal penalty solely for refusing them. Keep in mind, though, that officers may still use other observations to determine probable cause for arrest.
What Happens If You Refuse a Breathalyzer Test?
The breathalyzer test is different from field tests and carries more serious consequences. Under New Jersey’s “implied consent” law, by driving on public roads, you automatically agree to provide a breath sample if you are arrested for DWI. Refusing a breathalyzer test after a lawful arrest can result in immediate penalties, including driver’s license suspension, costly fines, and mandatory installation of an ignition interlock device in your vehicle.
Get Help from Compassionate New Jersey DWI Attorneys
If you or a loved one is facing DWI charges or are unsure how a recent traffic stop might affect your future, you don’t have to face it alone. Contact the experienced legal team at Scirocco Law, P.C. today. We have offices in Morristown and Hasbrouck Heights ready to serve you. Call us at 973-691-3353 or fill out our online contact form to schedule your confidential consultation.