driver breathalyzer test

A law enforcement officer may request that you succumb to field sobriety testing if they suspect you of driving under the influence (DUI). You may believe that this request is an order, and you may submit to these tests against your better judgment. After all, you may have heard the rumors that these test results walk the line of unpredictability. With that being said, follow along to find out whether field sobriety tests are known to produce accurate results and how a proficient Morristown DUI defense lawyer at Graves Andrews, LLC can help you understand how to handle your results.

Are field sobriety tests known to produce accurate results?

Unfortunately, field sobriety tests are not known to always produce an accurate representation of whether or not a driver is intoxicated. Rather, breathalyzer tests are more reputable for their dependency. This is because a breathalyzer device may objectively measure the amount of alcohol in a driver’s bloodstream. With this, a blood-alcohol content (BAC) level of 0.08 percent or higher may raise a red flag for a law enforcement officer. Of note, this BAC limit is imposed on standard motor vehicle drivers over the legal drinking age of 21.

This is opposed to a field sobriety test subjectively looking at whether a driver can balance on one leg, walk in a straight line, or perform other trivial tasks. There is no unit of measurement to determine a pass or fail. Instead, the slightest misstep or misinterpretation of instructions may cause a driver to get flagged. When, in reality, a driver may have had a medical condition, physical disability, or anxiety issue that negatively affected their performance.

Am I able to refuse to submit myself to field sobriety tests?

Now that you know how inaccurate field sobriety tests may truly be, you may never want to find yourself in a situation where you are asked to submit to one. That is, you do not want to be wrongly accused of a DUI and suffer serious criminal consequences thereafter (i.e., fines, jail time, license suspension, etc). Well, you may rest easier knowing that, as per New Jersey State law, you do not have a legal obligation toward agreeing to field sobriety testing. So you may be allowed to respectfully decline a law enforcement officer’s request and remain in your vehicle for the rest of your traffic stop.

However, if you do decline this request, an officer may follow up by asking you to comply with a breathalyzer test. Now, New Jersey State law may not protect you here. Specifically, refusing a breathalyzer test is a separate offense from a DUI and may result in separate penalties. For a first-time offense, these penalties may include fines, fees, a license suspension, and a three-year surcharge on your auto insurance.

If you still have doubts about how to proceed forward, please consult with a talented Morristown criminal defense lawyer. Our team at Graves Andrews, LLC will point you in the right direction.