Did You Fail a Field Sobriety Test?
Our Parsippany DWI Defense Lawyer can Help!
In order to be arrested for a DWI offense, police officers and other law
enforcement officials must first have probable cause. In order to determine
if probable cause exists, police officers will subject drivers who they
suspect are under the influence of drugs or alcohol to a series of tests.
Ordinarily, the first round of tests that a suspected drunk driver is subjected
to are the Standardized Field Sobriety tests. These are typically performed
at the roadside at the traffic stop. The police should ask if the suspected
drunk driver has any physical limitations which would prevent and/or hamper
their ability to perform these tests.
Types of Standardized Field Sobriety Tests (SFST)
The Horizontal Gaze Nystagmus – In order to test a person's level of intoxication, a police
officer may administer the Horizontal Gaze Nystagmus test. Nystagmus is
the involuntary jerking or bouncing of the eyeball. This involuntary response
can be more pronounced when someone has consumed alcohol or drugs.
One-Legged Stand Test – A police officer will ask the driver to stand on one leg, and
while maintaining balance the driver must count out loud for thirty seconds.
Placing a foot down on the ground, losing balance, or swaying may all
be used as indicators of intoxication.
Walk-and-Turn Test – The officer will ask a driver to walk a straight line, taking
nine steps heel-to-toe. The driver must then turn around and repeat. Failing
to walk straight, wobbling, or taking the incorrect amount of steps could
all be used as indicators of impairment.
Field Sobriety Tests: Not as Accurate as You Think
People suspected of driving while intoxicated should know that these field
are not in any way scientific. Their primary purpose is to help the police formulate
probable cause for a DWI arrest,
not to confirm driving impairment. According to police standards, the tests
are designed so that an average sober person must be able to perform them.
False positives are a distinct possibility with these tests. Moreover,
they are designed to be failed.
Furthermore, according to the police training materials, the validity of
the SFST is based upon their being given in the proper, standardized manner
laid out in the police training materials. There are clues and criteria
that must be used by the police in evaluating a suspected drunk driver.
It should be emphasized that a driver's performance on these tests
is completely in the subjective opinion of the arresting officer.
If you were arrested for a DWI offense after failing a field sobriety test,
however, know that you still have options if you are represented by a skilled
Parsippany DWI defense attorney. At The Law Offices of Christopher G. Porreca, P.C., we have helped protect
the rights, freedoms, and driving privileges of countless former clients.
We are confident that we can do the same on your behalf.
Were you arrested at a sobriety checkpoint? Do you think that your rights
were violated due to a breach of search and seizure laws? Do you suspect
that you were wrongfully arrested for a DWI? We at The Law Offices of
Christopher G. Porreca, P.C. can dig deep into all aspects of your case
to determine the best approach to leverage your case against any prosecution
or police report.
If you failed any type of field sobriety test, do not assume that you will
automatically be convicted for a DWI. These types of tests are incredibly
inaccurate, and most are designed for failure. Even more shocking, there
is no scientific evidence that can even prove that a sober person will
perform better on a field sobriety test than a person who is actually
Call The Law Offices of Christopher G. Porreca, P.C. After an Arrest
Why should you choose our firm? We know how to protect you! Countless former
clients have come to our law offices due to our unmistakable reputation
for the following:
free case consultations for all clients;
- We can appear on your behalf during a license suspension hearing at the
MVC (formerly the DMV);
- We can aggressively fight the alleged charges brought against you;
- We are ready to make certain that your rights are fully protected;
- We can be trusted to uncover favorable evidence to create a compelling
- We can pursue the justice that you deserve if your rights were violated
during an arrest or check point.
DWI convictions in the state of New Jersey can come with serious consequences.
Even first-time offenders are faced with the reality of excessive fines
and a suspended drivers' license. We at The Law Offices of Christopher
G. Porreca, P.C. are ready to fight for you to make certain that your
chances of obtaining a favorable outcome are fully maximized.
Don't let conviction happen to you. Retain our Parsippany DWI attorney today!
As a skilled and experienced Parsippany DWI defense attorney, Christopher
G. Porreca has been selected for inclusion in the listing of
Rising Stars℠ in New Jersey. He understands the critical importance of fighting for
the fullest possible protection of your freedoms at this time.
Contact our Parsippany DWI defense lawyer to learn more about your options.