When a driver is pulled over in New Jersey and thought to be driving under the influence, the attending police officer will ask the driver to take a sobriety field test. Officers are certified to conduct Standard Field Sobriety Testing; it involves a series of three tests from which the officer can draw “cues,” or signs that indicate the driver is under the influence.  These cues are what give the officer probable cause for arrest according to New Jersey DUI law.

The three field sobriety tests are:
1.)    The Horizontal Nystagmus
This test uses a light, such as a flashlight, which the driver must follow with their eyes as it travels in a horizontal line back and forth.  Scientifically, alcohol causes the nystagmus, or involuntary jerking of the eyeballs, to increase.  The police officer is trained to spot certain behaviors that indicate intoxication, like not being able to smoothly follow the light from side to side.
2.)    The Walk-and-Turn
There are two parts to this test.  The first involves following directions properly when the driver is instructed to stand on a line with the left foot lined up ahead of the right, and arms at sides.  When the directions begin, the driver has to walk nine steps heel-to-toe in a straight line, counting each aloud with his eyes on his feet.  The driver then turns around and does the same thing for the nine steps back to where he began.  Inability to carefully listen to directions, loss of balance, and stepping off the line are all cues that to the officer that the driver is intoxicated.
3.)    The one-leg-stand
Much like the walk-and-turn test, the one leg stand begins with a set of directions.  Following these directions accurately is part of the test.   The directions instruct the driver to stand with his feet together and arms at sides.  He has to lift one foot off the ground and count up by thousands, all the while watching his foot.  Hopping around to maintain balance, swaying, and putting their foot down are all supposed to indicate to the officer that the driver’s intoxicated.

New Jersey DUI lawyers will pay close attention to the way these tests are conducted by police officers.  This is because any indication that the test was not conducted according to specific regulatory standards can be used in the client’s defense.  If a New Jersey DUI lawyer can prove in court that the tests were improperly conducted, the judge will rule the test results inadmissible in court, which means the case will be dismissed.