Have you ever seen an officer make an individual walk in a straight line while counting or reciting the alphabet while touching their nose? The officer was conducting a field sobriety test to look for signs of intoxication. Drivers who fail a series of field sobriety tests may be asked to take a breath test or they may be taken to the station for an official breath or blood test. The results of a field sobriety test are not always used in court, but there are circumstances in which the prosecution will discuss the tests to prove that the driver was impaired.
Under New Jersey law, drivers are not legally required to take a field sobriety test. Unfortunately, officers are not required to inform drivers that they may refuse a field sobriety test. They also do not legally have to read someone his or her Miranda Rights before conducting the test.
You can be convicted of a DWI in New Jersey in two different ways: if your blood alcohol concentration is .08 percent or greater or if your abilit [...]
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