Can I Refuse To Take Field Sobriety Tests In New Jersey?
Reader’s Question:
Are the results of the field sobriety tests really an indication whether a person is drunk or not? If I will be arrested for DUI in New Jersey, do I have the right to refuse to take these tests?
Milton
Elizabeth, NJ
Yes, you certainly have the right to refuse to take the field sobriety tests (FST’s) if you will be arrested for DUI in Elizabeth, New Jersey even if the police officer does not ask your consent. You do not actually have the legal obligation to submit to these kinds of tests so learn how to say no. A very good way to refuse to take the FST’s or basically anything that the police officer asks you to do is to say, “I would like to speak to a lawyer first.”
Field Sobriety Tests are not very accurate at all because they are largely subjective. In other words, different officers could judge the same person’s performance differently. In addition, FST’s don’t have scientific basis to determine that a person is drunk or not. But the reality is that if the police officer has asked you to perform the FST’s, he/she has probably already decided to arrest you. This may mean that the police officer could use the FST’s as a way of proving that you are drunk, not determining whether you are drunk or not.
Comments are closed.