Police officers in New Jersey can pull vehicles over if they have a reasonable suspicion that the driver is drunk. Examples of reasonable suspicion include speeding, swerving, running red lights and other careless driving maneuvers.
However, to make an arrest, officers need probable cause. This is a higher evidentiary standard than reasonable suspicion. There are several ways that officers may try to obtain probable cause, and asking a driver to take a field sobriety test is one of them.
Can you refuse to take a field sobriety test?
The law in New Jersey
The law in New Jersey allows you to refuse a field sobriety test without consequence. Field sobriety tests are not mandatory. However, this doesn’t necessarily mean that you will not be arrested. If officers feel that they have enough evidence without you taking the test, then you may still be detained.
What about implied consent?
Driving licenses in New Jersey are issued on the basis of implied consent. This means that all drivers consent to take certain tests if a police officer has reasonable grounds to believe they are intoxicated. If they refuse, they could face legal consequences. However, implied consent applies only to breathalyzer, blood or urine tests, not field sobriety tests.
Being pulled over can be a daunting experience, but it is important to remain composed and remember your legal rights. You do not have to take field sobriety tests, and it is probably in your best interests not to. If you have been charged, then it’s essential to seek legal guidance at the earliest opportunity.