In New Jersey, when a driver is stopped on suspicion of driving under the influence, an officer may ask the driver to perform roadside exercises known as field sobriety tests. These tests help officers assess possible signs of impairment, but they do not, by themselves, prove intoxication. Drivers generally may decline roadside field sobriety exercises, although refusal does not prevent an arrest if other facts support probable cause.
At The Kugel Law Firm, attorney Rachel Kugel carefully reviews the stop, testing conditions, and evidence being used against you. Our New Jersey DUI lawyers examine whether any issues may have affected the results and help you understand how those details could shape your defense options.
This guide explains what field sobriety tests are and why they are used. It covers whether you are required to take them in New Jersey, how each of the three standardized tests works, how reliable they are in court, and how a DUI lawyer can challenge the results. Call The Kugel Law Firm at (973) 854-0098 to discuss your options.
What Are Field Sobriety Tests and Why Are They Used?
Field sobriety tests are roadside exercises officers may use when they suspect a driver is impaired by alcohol or drugs. The tests are designed to help officers observe physical coordination, balance, eye movement, divided attention, and the ability to follow instructions.
The three standardized field sobriety tests in the NHTSA/IACP SFST battery are the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand. These tests are intended to be administered and scored in a standardized way, but the results remain observation-based.
Poor performance may support further investigation or probable cause for arrest, but many non-alcohol factors can affect performance. Physical limitations, injuries, fatigue, nervousness, medical conditions, footwear, weather, lighting, and uneven surfaces can all affect how a driver performs during the test.
Are Field Sobriety Tests Required in New Jersey?
One of the most common questions drivers ask is whether they are legally required to take a field sobriety test during a traffic stop. In New Jersey, field sobriety tests are voluntary. You cannot be ticketed or penalized solely for refusing to perform roadside exercises. This is different from chemical breath testing under the implied consent law in N.J.S.A. 39:4-50.2, where refusal carries separate penalties.
Police officers are not required to tell you that field sobriety tests are voluntary. An officer may ask or direct you to perform the tests in a way that makes them seem mandatory. Miranda issues depend on the specific facts of the stop, including whether you are being held in custody.
Can You Refuse a Field Sobriety Test in NJ?
Yes. In New Jersey, drivers may decline roadside field sobriety exercises without facing a separate penalty for the refusal itself. The practical issue is whether the officer has other facts that support probable cause for arrest. Odor of alcohol, slurred speech, erratic driving, admissions, open containers, or other observations may still lead to an arrest even if the driver declines the tests.
Key Takeaway: Field sobriety tests are voluntary in New Jersey, and you cannot be ticketed for refusing them. However, officers are not required to inform you of this right, and refusing does not prevent an arrest if other signs of impairment are present.
What Are the 3 Standardized Field Sobriety Tests in NJ?
New Jersey officers commonly rely on the three-test NHTSA/IACP standardized field sobriety test battery: Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand. Each test has specific instructions and scoring criteria, but the results still depend on the officer’s observations and the conditions under which the test was performed.
Horizontal Gaze Nystagmus (HGN) Test
The Horizontal Gaze Nystagmus test involves observing involuntary eye movements that may be associated with alcohol impairment. In this test, the officer instructs the driver to keep their head still and follow an object, such as a pen or finger, with only their eyes. As the officer moves the object horizontally across the driver’s field of vision, they watch for involuntary jerking of the eye, known as nystagmus.
Officers look for three specific clues in each eye, for a total of six clues: lack of smooth pursuit, distinct nystagmus at maximum deviation, and onset of nystagmus before 45 degrees. If the driver’s eyes do not follow the object smoothly, the officer may treat that result as a possible sign of impairment. That result is not conclusive proof of intoxication, and HGN is treated differently from the Walk-and-Turn and One-Leg Stand in New Jersey courts. Nystagmus can also occur for reasons unrelated to alcohol, including fatigue, certain medications, or medical conditions affecting the inner ear or neurological system.
Walk-and-Turn Test
The Walk-and-Turn test, commonly known as the “Heel-to-Toe” test, assesses balance and the ability to follow instructions under potentially impaired conditions. The officer instructs the driver to place one foot directly in front of the other, heel to toe, and then take nine steps in a straight line, turn around, and return in the same manner. During this test, the driver must keep their arms at their sides, look at their feet, and count each step out loud without stopping.
Officers score the Walk-and-Turn test based on eight possible clues:
- Inability to maintain balance during instructions
- Starting too soon
- Stopping while walking
- Failing to touch heel to toe
- Stepping off the line
- Using arms for balance
- Making an improper turn
- Taking the wrong number of steps
Two or more clues may lead the officer to treat the performance as a sign of impairment and continue the DUI investigation. However, the result should still be evaluated in context, including the driver’s physical condition, footwear, instructions, surface conditions, and visible signs of nervousness or confusion.
One-Leg Stand Test
The One-Leg Stand test is used to observe the driver’s balance and motor control. For this test, the officer asks the driver to stand with both feet together and arms at their sides, then raise one leg approximately six inches off the ground while keeping the raised foot parallel to the ground. The driver is instructed to keep both legs straight, watch the raised foot, and count out loud until told to stop. Officers score this test based on four clues: swaying, using arms for balance, putting the foot down, and hopping.
Two or more clues may lead the officer to treat the performance as a sign of impairment and continue the DUI investigation. However, the result should still be evaluated in context, including the driver’s balance limitations, injuries, fatigue, stress, footwear, and roadside conditions.
| Test | What It Checks | Scored Clues | Defense Concern |
|---|---|---|---|
| Horizontal Gaze Nystagmus (HGN) | Involuntary eye movement | 6 (3 per eye) | Medical causes or procedure errors |
| Walk-and-Turn | Balance and instruction-following | 8 | Surface, shoes, injuries, or nerves |
| One-Leg Stand | Balance and motor control | 4 | Balance issues, physical limits, or surface |
These tests may support probable cause, but their weight depends on how they were administered, scored, and viewed in the broader facts of the stop.
Key Takeaway: Officers look for specific clues during each standardized field sobriety test. Poor performance may support further investigation, but it is not conclusive proof of intoxication on its own.
Are There Non-Standardized Tests Officers Use in NJ?
In addition to the three tests in the NHTSA/IACP standardized field sobriety test battery, some officers in New Jersey may ask drivers to perform non-standardized field sobriety exercises. These can include:
- Counting complicated patterns on your fingers (finger-count test)
- Extending your arms and touching your nose with your eyes closed (finger-to-nose test)
- Reciting the alphabet or a portion of it
- Tilting your head back with your eyes closed
- Counting backwards from a specific number
These exercises are not part of the NHTSA/IACP standardized field sobriety test battery. They also do not have the same clue-based scoring structure as the HGN, Walk-and-Turn, and One-Leg Stand tests. Because results depend heavily on the officer’s instructions and interpretation, balance, nerves, medical issues, language barriers, and roadside conditions can make a sober person appear to perform poorly.
Because these exercises are less standardized, a defense attorney may have more room to challenge how they were instructed, scored, or interpreted. If an officer relied heavily on non-standardized exercises to justify a DUI arrest, this can be a significant point of contention in your defense.
DUI Defense Attorney in Newark: The Kugel Law Firm
Rachel Kugel, Esq.
Rachel Kugel is a seasoned DUI attorney and the founder of The Kugel Law Firm, where she leads a dedicated team focused exclusively on defending individuals charged with driving under the influence of alcohol or drugs in Newark and throughout New Jersey. With a strong commitment to protecting the rights of everyday people, Rachel has built her career on informed and strategic DUI defense. Her work has earned her recognition as a Super Lawyers Rising Star on multiple occasions, and she maintains a highly rated Avvo profile.
A legal commentator, Rachel has appeared on national media outlets including CNN, FOX News, MSNBC, HLN, and CourtTV to discuss criminal defense issues. She is an active member of the National College for DUI Defense and the DUI Defense Lawyers Association, and has been invited to speak by organizations including the New Jersey State Bar Association, Garden State CLE, and Avvo’s Lawyernomics conference.
How Reliable Are Field Sobriety Tests in NJ Courts?
Field sobriety test evidence can be contested because the tests depend on officer observation, standardized administration, and case-specific conditions. Walk-and-Turn and One-Leg Stand performance may be evaluated as observations of balance, coordination, and the ability to follow instructions. HGN requires more careful evidentiary treatment because it involves nystagmus, a scientific concept that New Jersey courts have treated differently from ordinary roadside coordination observations.
Chemical breath tests and field sobriety tests serve different functions. Field sobriety tests are observation-based and assess a driver’s coordination, balance, and ability to follow instructions; they do not directly measure blood alcohol concentration (BAC). Chemical breath tests are scientific tests that analyze a breath sample to estimate BAC. Under N.J.S.A. 39:4-50, operating a vehicle with a BAC of 0.08% or higher is a per se violation. A driver may also be convicted with a BAC below 0.08% if the State proves that alcohol or drugs impaired the driver’s ability to operate a vehicle safely.
Chemical breath tests directly measure BAC, but they do not measure drug impairment or fully explain whether a lower alcohol level affected driving ability. Field sobriety tests may become important when an officer suspects impairment but the driver’s BAC does not reach 0.08, or when drug impairment is suspected. When chemical test evidence is unavailable or excluded, the prosecution may rely more heavily on officer observations, including field sobriety test performance, to argue that the driver was under the influence.
Can You Be Convicted of DWI in NJ Without a Breath Test?
Yes. A New Jersey DWI case does not always require a breath test result. The State may rely on observational evidence, including driving behavior, odor of alcohol, statements, physical appearance, officer observations, and field sobriety test performance.
When there is no BAC result, the strength of the observational evidence becomes especially important. The defense can examine whether the officer’s observations, including any field sobriety test performance, reliably support the allegation of impairment.
Why Are FSTs Less Direct in Drug DUI Cases?
Standardized field sobriety tests were developed and validated mainly in alcohol-impaired-driving research. In drug DUI cases, the same roadside tests may still be used as part of an officer’s observations, but they do not identify a specific drug or prove that a drug caused impairment.
For example, HGN may be associated with alcohol and some drug categories, but not every drug produces the same eye signs. Walk-and-Turn and One-Leg Stand results may show coordination or balance concerns, but they do not identify the cause of those concerns. In a drug DUI case, the defense can examine whether the roadside performance actually connects to drug impairment or whether another explanation is more consistent with the evidence.
This can be an important defense point. If the State relies heavily on roadside exercises in a drug DUI case, the defense can examine whether the tests were administered properly, whether the officer had training to evaluate drug impairment, and whether non-drug factors explain the driver’s performance.
What Factors Can Weaken Field Sobriety Test Results in NJ?
Several factors can weaken the reliability or weight of field sobriety test results in New Jersey. Understanding these factors is important for anyone facing DUI charges, because problems with how a test was administered or interpreted can affect how much weight the court gives the results.
Improper Administration by the Officer
Field sobriety tests have standardized instructions and scoring criteria. If an officer fails to follow those procedures, the reliability or weight of the results may be challenged. Common issues include unclear instructions, incomplete demonstrations, rushing the process, failing to confirm that the driver understood the instructions, or scoring clues inconsistently with the testing standards.
Environmental and Physical Conditions
Roadside conditions can affect how much weight field sobriety test results deserve. Uneven ground, poor lighting, bad weather, limited space, traffic noise, or safety concerns may make the exercises harder to perform fairly.
Standard field sobriety testing procedures call for the Walk-and-Turn to be conducted, whenever possible, on a reasonably dry, hard, level, non-slippery surface with enough room for nine heel-to-toe steps. The One-Leg Stand also works best on a reasonably dry, hard, level, non-slippery surface, with safety considered. Roadside conditions do not automatically make a test invalid, but they can affect how much weight the results deserve if the surface, weather, space, or safety conditions made the test unfair. Elevated footwear can also affect balance, so shoes with heels more than two inches high may be relevant when reviewing the test.
Pre-Existing Medical and Physical Conditions
Medical conditions and physical limitations may affect field sobriety test performance for reasons unrelated to alcohol or drug impairment. Walk-and-Turn and One-Leg Stand require coordination, balance, and stability, which some drivers may struggle with regardless of sobriety. Relevant factors may include:
- Inner-ear infections or vertigo
- Prior leg, knee, back, or foot injuries
- Balance disorders or neurological conditions
- Stress, fatigue, or the effects of certain medications
- Language barriers that make it difficult to understand detailed instructions
Age, weight, and physical conditions can affect performance on some field sobriety tests. Drivers who are over 65, drivers who are more than 50 pounds overweight, and drivers with back, leg, or inner-ear problems may have difficulty with certain roadside exercises. These factors should be documented and considered when evaluating whether poor performance actually indicates impairment.
Key Takeaway: Field sobriety test results may be challenged when testing procedures, roadside conditions, physical limitations, footwear, fatigue, medication, stress, or language barriers affected the driver’s performance.
How Can a NJ DUI Lawyer Challenge FST Results?
A New Jersey DUI lawyer can evaluate whether the field sobriety evidence was gathered, scored, and presented fairly. Rather than treating the officer’s conclusions as automatic proof, the defense can compare the report against video footage, training standards, medical evidence, and the actual conditions shown at the scene.
Specific steps a DUI attorney may take include:
- Reviewing dashcam or bodycam footage of the stop and testing
- Examining the officer’s SFST training and certification history
- Identifying procedure issues, such as failure to demonstrate the exercises, failure to confirm the driver understood the instructions, or failure to account for known medical or physical limitations
- Presenting medical records or expert testimony to explain poor performance unrelated to impairment
- Challenging the subjective nature of the officer’s scoring and observations
Because field sobriety tests depend on officer observation and interpretation, the defense can focus on human error, scoring problems, and alternative explanations for poor performance. If the roadside testing was flawed or the surrounding facts do not support impairment, the field sobriety evidence may carry less weight.
Legal Guidance for Field Sobriety Test Cases in Newark
The circumstances surrounding roadside testing, from the officer’s instructions to the surface you stood on, can all play a role in your defense.
Rachel Kugel and The Kugel Law Firm represent drivers facing DWI/DUI charges in Newark and throughout New Jersey. When field sobriety testing is involved, our DUI defense lawyers can evaluate whether the officer’s observations, instructions, and conclusions may raise questions about the reliability of the State’s case.
If field sobriety tests were used against you, legal guidance can help you understand how those results may affect your case. Call The Kugel Law Firm at (973) 854-0098 or visit our office at 1 Gateway Ctr, Suite 2600, Newark, NJ 07102.
Frequently Asked Questions
What is the purpose of a field sobriety test in New Jersey?
Field sobriety tests help officers evaluate possible signs of impairment during a DUI stop. They focus on observations such as balance, coordination, eye movement, and the ability to follow instructions. Poor performance may support further investigation or probable cause, but it does not prove intoxication by itself.
Do I have to take a field sobriety test in New Jersey?
No. Roadside field sobriety exercises are generally voluntary in New Jersey. Refusing them does not create the same separate refusal charges that apply to chemical breath testing, but refusal of FSTs also does not prevent an arrest if other facts support probable cause.
What are the three standardized field sobriety tests?
The standardized field sobriety test battery includes the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand tests. These tests are meant to be administered and scored in a standardized way. In New Jersey, HGN may raise different evidentiary issues because it involves nystagmus rather than ordinary balance or coordination observations.
Can a medical condition affect my field sobriety test results?
Yes. Balance disorders, vertigo, inner-ear conditions, neurological issues, fatigue, prior injuries, certain medications, and physical limitations can affect field sobriety test performance. Those factors matter because poor performance may have an explanation unrelated to alcohol or drug impairment.
Can I be convicted of DWI in NJ without a breath test?
Yes. A DWI case may proceed without a BAC result if the State relies on other evidence, such as driving behavior, physical appearance, statements, odor of alcohol, officer observations, and field sobriety test performance. The State must still prove impairment under the applicable legal standard.
What happens if the officer didn’t follow proper FST procedures?
Procedure problems can weaken the weight of field sobriety evidence. Unclear instructions, incomplete demonstrations, unsafe roadside conditions, improper scoring, or failure to consider medical limitations may support a defense challenge.
Are field sobriety tests accurate for detecting drug impairment?
Field sobriety tests may be used during a drug DUI investigation, but they are not drug-specific. They do not identify the substance involved, and poor performance does not by itself prove that a drug caused impairment.
