In New Jersey, the authorities can pull you over if they have reason to believe you are driving while under the influence of alcohol. When this happens, they may ask you to take part in field sobriety tests to help them gather evidence. Despite this, field sobriety tests are not foolproof. Some external factors can affect your performance, which means it is important to be aware of what they are and how they can potentially lead to a DUI arrest.
Which roadside factors should you be wary of during a field sobriety test?
If you take part in a field sobriety test, it is important to pay attention to your surroundings. Take note of what the weather conditions are like, what you are wearing and how you are feeling. These factors can affect your balance, coordination and thinking ability. Common factors that can affect your performance in field sobriety tests include:
- Uneven or slick surfaces: Uneven surfaces such as gravel, mud or loose pavement can throw off your balance or ability to walk.
- Poor lighting or glare: Bright and flashing lights can affect your eyesight, especially during the horizontal gaze nystagmus.
- Weather: If there is too much wind or rain, you may lose your balance or find it difficult to concentrate on the tests.
- Traffic and roadside distractions: Loud cars and disruptive passersby can cause stress or affect your ability to focus.
- Footwear and clothing: Heels, heavy boots and restrictive pants can make it more difficult to move or balance yourself.
- Time pressure and stress: Too much stress and anxiety can make you less effective at following instructions and controlling your body.
In New Jersey, field sobriety tests are voluntary, which means that you do not have to perform these exercises if you do not want to. Despite this, authorities may use your refusal against you in court as evidence.
If they have probable cause to suspect you were driving under the influence, they can arrest you for DUI. After an arrest, you may be subject to a chemical test, which is mandatory due to New Jersey’s implied consent law.
What should you do if an officer arrests you for DUI despite being sober?
In New Jersey, many factors can affect how well you perform during a field sobriety test, including weather, uneven surfaces and poor lighting. Even if you are sober, an officer may arrest you for DUI, which means it is important to know how you can defend yourself in court.
If external factors throw you off balance or otherwise affect your performance, it is important to take note of them as soon as possible. Document roadside conditions by taking photographs and writing down details. If you did not drink alcohol but took the chemical test, the results can potentially strengthen your DUI case. If you win, you can avoid suffering legal penalties for a crime you did not commit