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 sobriety tests 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 intoxicated.
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:
- We provide 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 defense strategy;
- 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 Super Lawyers® 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.
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"I can't thank him enough for his guidance and reassurance throughout this situation."
Mr. Porreca represented me in a DWI case and went above and beyond to help me resolve my situation. The process itself was ...- Megan