Do I have to take the field sobriety tests?

No. Unlike the chemical breath test, field sobriety tests are not covered by New Jersey’s implied-consent breath-test statute. You have the right to decline to perform them politely, although declining them may still be cited by police/prosecutors as part of the DWI evidence. However, most drivers are unaware of this and submit to the tests because they feel compelled by the officer's authority. While refusing the tests may still lead to an arrest based on other observations, it prevents the officer from gathering "failure" evidence against you. A New Jersey field sobriety test lawyer can defend you regardless of whether you took the tests or refused them.

Can I fail the tests if I am sober?

Yes. Even under NHTSA validation studies, SFST-based decisions are not 100% accurate and can produce false positives. Studies have shown that a significant percentage of completely sober individuals fail these tests due to nerves, age, weight, or physical coordination issues. The criteria for what counts as a clue of potential impairment are incredibly strict. For example, in the Walk-and-Turn test, simply stepping off the line once or raising your arms more than six inches can be considered a sign of impairment. We use these inherent flaws to argue that the tests are not reliable indicators of intoxication.

What if I have a bad back or knees?

Medical conditions or injuries can affect performance on balance tests such as the Walk-and-Turn and One-Leg Stand tests. When relevant, the defense may present medical evidence and cross-examine on whether the test conditions and the person’s limitations were considered. We may be able to use your medical records to show that your performance was the result of your physical health, not alcohol.

Does being overweight affect the tests?

Yes. Body type and physical fitness can affect performance on balance/coordination tests, such as the One-Leg Stand test. The physical strain of holding one's leg up can cause swaying or hopping that mimics intoxication. A DUI sobriety tests attorney in Hamilton, NJ, can evaluate whether your body type made the test unfair, explore the impact of weight or physical fitness in cross-examination, and (when appropriate) argue that the results should be disregarded.

Can the HGN test prove I was drunk?

The Horizontal Gaze Nystagmus (HGN) test is often used to establish probable cause, but it’s not infallible. Nystagmus (eye jerking) isn’t only an indicator of potential alcohol impairment but can also be caused by dozens of other factors, including fatigue, caffeine, eye strain, or neurological conditions, as well as improper administration of the test. HGN is commonly challenged through cross-examination and, where appropriate, expert testimony.

New Jersey Field Sobriety Tests Lawyer | DUI Sobriety Tests Attorney Hamilton NJ

Contesting Results with a DUI Sobriety Tests Attorney in Hamilton, NJ

The moment a police officer asks you to step out of your vehicle is one of the most nerve-racking experiences a driver can face. You are standing on the side of a busy road, often at night, with flashing lights disorienting you and traffic passing by. In this high-pressure environment, the officer instructs you to perform a series of physical and mental exercises known as Standardized Field Sobriety Tests (SFSTs). These tests are designed to gather evidence against you, not to clear your name. Many drivers perform these tests believing that if they listen carefully and try their best, they will prove their sobriety and be allowed to drive home. Unfortunately, these subjective assessments are difficult to pass even for a completely sober person. If you have been arrested based on your performance on these roadside drills, you need a New Jersey field sobriety test lawyer who can expose the flaws in the testing process.

At The Scardella Law Firm LLC, we understand that "failing" a field sobriety test does not mean you were intoxicated. We know that nervousness, physical disabilities, fatigue, footwear, and poor road conditions can all lead to a poor performance that looks like impairment to a police officer. We do not accept the officer's grading of your performance as the final truth. Instead, we meticulously analyze the body camera footage and the police report to identify where the officer deviated from the strict standards required for these tests. Our goal is to invalidate the results and weaken the state's case against you.

If you have been charged with a DUI/DWI offense after submitting to roadside testing, contact our firm today by phone or through our online contact form to schedule a free, confidential consultation.

Facing Criminal Charges? We Can Help.

When your rights, freedom, and future are at risk, you need a strong defense. Lauren Scardella fights aggressively for her clients at every stage of the legal process. Contact us today to schedule your free consultation.

Understanding the Subjectivity of Field Sobriety Tests

Field sobriety tests are not scientific instruments, such as a breathalyzer or a blood test. They are split-attention tasks designed to divide your focus between listening to instructions and performing physical movements. The theory suggests that individuals with impairments cannot multitask effectively. Although the SFSTs use standardized “clues,” the officer must observe and interpret performance in real time. Those observations can be subjective, especially if the test wasn’t administered exactly as prescribed. A minor stumble, starting too soon, or lifting your arms for balance are all counted as clues that could indicate impairment.

A qualified New Jersey field sobriety test lawyer knows that these tests are only valid if they are administered according to the strict guidelines set by the National Highway Traffic Safety Administration (NHTSA). If the officer provides incorrect instructions, demonstrates the test incorrectly, or conducts the test on uneven ground, the validity of the results is compromised. We highlight these errors to show the court that your arrest was based on flawed evidence.

Furthermore, many officers use non-standardized tests that lack scientific backing. We know the difference between a validated test and an arbitrary request. We ensure that the court understands that your inability to recite the alphabet backward in the middle of a stressful traffic stop is not proof of intoxication.

Types of Field Sobriety Tests Used in New Jersey

Police officers typically use a battery of three standardized tests, but they may also employ other non-standardized methods. Understanding what you were asked to do is the first step in your defense.

Horizontal Gaze Nystagmus (HGN): The officer moves a pen or light in front of your eyes to check for involuntary jerking of the eyeball, which can indicate the presence of alcohol.
Walk-and-Turn: This test requires you to take nine heel-to-toe steps along a straight line, turn in a specific manner, and take nine steps back while counting aloud.
One-Leg Stand: You are instructed to raise one foot six inches off the ground and count aloud until told to stop, usually for thirty seconds, while keeping your arms at your sides.
Alphabet or Counting Tests: The officer may ask you to recite a portion of the alphabet or count backward from a specific number, which are non-standardized, less scientifically validated tests. Performance of these tasks can be affected by stress or nerves.
Finger-to-Nose: This non-standardized test requires you to touch the tip of your nose with the tip of your finger while your head is tilted back and your eyes are closed.
Romberg Balance Test: In this non-standardized test, you will be asked to tilt your head back, close your eyes, and estimate the passage of thirty seconds.

Each standardized field sobriety test has a specific set of instructions and a specific list of clues that the officer is trained to look for. A DUI sobriety tests attorney in Hamilton, NJ, will review exactly how each test was conducted to find the deviations that can save your case.

The Legal Process Following a Failed Test

Failing a field sobriety test often leads directly to an arrest, but it is just the beginning of the legal process. The observations made during these tests become an important part of the state's Probable Cause argument.

The roadside investigation: The officer observes your driving, your physical appearance, and your performance on the tests to determine if there is probable cause to arrest you. It's important to understand your legal rights during a DUI arrest, because violations of your rights could support your defense strategy.
Arrest and transport: You may be taken into custody, potentially in handcuffs, and will often be transported to the police station for processing. There, you may be asked to provide an evidential test, such as a chemical breath test.
Summons issuance: You may receive traffic tickets that often include DWI plus related motor-vehicle summonses (e.g., careless driving), depending on the facts and the officer's observations.
Discovery demand: Your New Jersey field sobriety test lawyer requests the video footage of the DUI traffic stop, which is often one of the most important pieces of evidence in challenging the test results.
Pre-trial hearings: We may file a motion to challenge probable cause for arrest (and seek suppression of evidence obtained as a result) if we can prove that the field sobriety tests were so poorly conducted that they did not establish probable cause.
Expert review: In some cases, we consult with experts to analyze the HGN test or to testify about how your physical limitations affected your performance.
Trial: If the case proceeds to trial, we cross-examine the officer on every instruction given and every clue recorded.
Sentencing: If convicted, the judge imposes penalties based on the DUI statute, which can include loss of driving privileges and/or ignition interlock device requirements, fines/fees, and IDRC requirements.

We are with you at every stage, constantly challenging the state's narrative that you were impaired based on these subjective exercises.

Consequences of Relying on FST Results

If the court accepts the field sobriety test results as valid evidence of impairment, it can lead to a DUI conviction even if there is no chemical breath test result (such as in a drug DUI case or a breathalyzer test refusal case). The consequences of such a conviction are severe.

License suspension: A conviction can result in “loss of driving privileges and/or ignition interlock requirements, depending on the circumstances.
Financial burden: Fines, surcharges, and insurance increases can cost you thousands of dollars over several years.
Criminal record implications: While DUI is a traffic offense in NJ, it appears on driving abstracts and can affect background checks for certain jobs.
Intoxicated Driver Resource Center (IDRC): You will be required to attend classes and screenings at the IDRC.
Jail time: While rare for a first offense, judges have the discretion to impose jail time, especially for high BAC or aggravating circumstances.
Reputational damage: A DUI conviction carries a social stigma that can affect your personal and professional relationships.

Retaining a DUI sobriety tests attorney in Hamilton, NJ, is essential to prevent these roadside gymnastics from ruining your life. We fight to suppress flawed evidence and secure the most favorable outcome possible.

Defending Against Field Sobriety Test Results

The most effective way to defend against FSTs is to systematically dismantle the officer's administration and interpretation of them. We use the NHTSA training manuals as our guide to show where the officer went wrong.

Challenging the environment: We argue that the tests were unfair because they were conducted on a slope, in gravel, in the rain, or adjacent to high-speed traffic.
Identifying physical limitations: We present medical records showing that you have back problems, knee injuries, or inner ear issues that make balancing difficult even when sober.
Questioning the instructions: If the officer failed to explain the test clearly or demonstrate it properly, the results are invalid.
Highlighting footwear issues: We point out if you were wearing high heels, flip-flops, or heavy boots that interfered with your balance.
Attacking the HGN test: This test is highly technical, and if the officer moves the stimulus too fast or holds it too high, the results are scientifically worthless.
Noting nervousness vs. impairment: We argue that your shaking or hesitation was due to the fear of being arrested, not the consumption of alcohol.

A New Jersey field sobriety test lawyer leverages these defenses to cast doubt on the officer's conclusion that you were intoxicated.

How The Scardella Law Firm LLC Can Help

We know that you probably felt helpless during the roadside stop, trying to follow confusing orders while terrified of being arrested. At The Scardella Law Firm LLC, we give you back your power. We carefully listen to your recollection of the stop, including what the officer said, where you were standing, and how you felt physically. We combine your story with the objective evidence of the video to build a comprehensive defense.

Our approach is aggressive but grounded in legal strategy. We do not just hope for a fair DUI plea bargain to be offered. We prepare every case as if we are going to trial to challenge the officer's testimony. We handle all the legal filings and court appearances, keeping you informed and prepared. A New Jersey field sobriety test lawyer from our team acts as your dedicated advocate, ensuring that a few stumbled steps do not dictate your future.

Why Choose Scardella Law Firm LLC

Effective defense against field sobriety tests requires more than just general legal knowledge. It requires specific training in the same curriculum that police officers use. Lauren E. Scardella has undergone Standardized Field Sobriety Testing training, the same course that law enforcement officers must pass to administer these tests. She knows exactly what the officer is supposed to do and, more importantly, what they are not supposed to do.

This specific training allows us to cross-examine officers with authority. We can spot subtle errors in the administration of the HGN test or the scoring of the Walk-and-Turn that an untrained attorney would miss. We focus our practice on criminal and DUI defense in Mercer, Burlington, and Middlesex counties, giving us the local insight needed to navigate the municipal courts effectively. When you hire a DUI sobriety tests attorney in Hamilton, NJ, from our firm, you are hiring a professional who can dismantle the state's case from the ground up.

Call Us Today to Challenge the Evidence

The police officer has already made their decision about your sobriety, but they do not have the final word. You have the right to challenge their subjective conclusions in court.

Contact us now or use our online contact form to speak with an attorney and discover how we can help protect your rights.