Do I Have To Take FST And Breath Tests?
One of the most common questions people have is whether they have to take field sobriety tests and the Breathalyzer. Unfortunately, the answer is not straightforward; it depends on the type of test being requested.
DWI/DUI Sobriety Tests
When you are pulled over for a traffic violation or for suspected drunk driving, the police will observe you to determine whether they believe you are under the influence. If they have reasonable suspicion to believe you are intoxicated, they will request that you perform field sobriety tests (FSTs). The three standard FSTs include the horizontal gaze, one-legged stand, and walk and turn tests. You can refuse to take these tests without any legal penalties. However, the police officer can testify to your refusal in court during DWI/DUI proceedings.
After completing the FSTs — or if you refuse and police still believe you are under the influence — they can ask you to take a breath test (Breathalyzer) or blood or urine test. You are legally required to submit to these tests under New Jersey’s implied consent law.
The implied consent law states that drivers using New Jersey roads are required to submit to breath, blood and urine testing if a police officer has probable cause to believe they are intoxicated. You still have the right to refuse, but there are consequences for doing so.
Do Not Plead Guilty Just Because You Took A Breath Or Blood Test
Many people think that they have no options if the breath test or a blood or urine test shows that they were intoxicated at the time of arrest. This is simply not true.
During my more than 28 years as an attorney, I have successfully challenged breath, blood and urine test results and gotten charges reduced or dismissed as a result. No matter how serious your situation or how much evidence the police have of your intoxication, there are things I can do to make the situation better for you.
The lawyer you choose to defend you will have a big impact on the outcome of your case. Make sure you hire someone who will fight for you.