A law enforcement officer may order you to pull over your vehicle after they spot you driving erratically on the road. In their following interaction with you, they may pick up on signs that you are possibly impaired by drugs or alcohol. This may prompt them to order a breathalyzer test, and possibly even field sobriety tests. Well, please follow along to find out the types of field sobriety tests you can expect to be directed to during your traffic stop and how a proficient Gloucester County DWI lawyer at The Vigilante Law Firm, P.C., can help you understand what it means to pass or fail this test.
What types of field sobriety tests can I expect during my traffic stop?
Of note, the National Highway Traffic Safety Administration (NHTSA) has standardized three specific types of field sobriety tests. Therefore, you should inspect to participate in the following during your traffic stop:
- A horizontal gaze nystagmus test: here, a law enforcement officer may move an object across your face horizontally, and you may have to follow it with your eyes without any involuntary jerking.
- A walk-and-turn test: here, a law enforcement officer may order you to walk in a straight line, heel-to-toe, for a certain number of steps, and then walk back and do the same, all while maintaining your balance.
- A one-leg stand test: here, a law enforcement officer may order you to raise one foot off the ground and count aloud to a certain number, all without having your foot touch the ground or experiencing balance issues.
While these are the standardized tests, an officer may be well within their right to order you to do other things. Specifically, you may have to agree to reciting the alphabet, counting backward, closing your eyes while touching your nose with your finger, and more.
What if I pass a breathalyzer test but fail a field sobriety test?
A breathalyzer device may have indicated that your blood-alcohol content (BAC) level is below the legal limit of 0.08 percent. Unfortunately, though, a law enforcement officer may use their judgment to say that you failed your field sobriety test and that they have probable cause to believe that you are impaired by drugs or alcohol. This is to say that if you pass a breathalyzer test but fail a field sobriety test, you may still be placed under arrest on suspicion of a DUI.
At the time of your criminal trial proceedings, though, you may fiercely fight back against an officer’s case. It may help that field sobriety tests are generally known to be less accurate than breathalyzer tests. And so, you may argue that an officer failed to provide adequate instructions on how to perform these tests. For example, they may have forgotten to tell you that you needed to walk heel-to-toe during your walk-and-turn test. Or, you may cite pre-existing medical conditions that affect your balance (i.e., previous stroke, arthritis, inner ear problems, etc.) and subsequently may have hindered your performance during these tests.
If you are ready to make matters right, please retain the services of one of the experienced New Jersey & Pennsylvania criminal defense lawyers as soon as you can. We at The Vigilante Law Firm, P.C. look forward to receiving your outreach.
