When an individual in New Jersey is pulled over by a law enforcement officer on suspicion of driving while intoxicated, it is the officer’s responsibility to determine whether the individual is truly intoxicated. In order to do so, the law enforcement officer will conduct a series of field sobriety tests. There are three field sobriety tests that may be issued, these include:
- The Horizontal Gaze Nystagmus test
- The One Leg Stand test
- The Walk and Turn test
The reality is that even if an individual is not actually intoxicated, it is very possible for them to fail one of these Field Sobriety Test. If an individual does not pass a field sobriety test, the officer can arrest them for driving while intoxicated. However, there are many defenses that an attorney can look into on your behalf. Some of these include:
- Whether the arresting officer that administered the field sobriety test read all of the instructions on the test and/or demonstrated an example of the test
- Whether the officer informed the individual that they are permitted to remove high heels during the test
- Whether the individual who was asked to take the test had health issues that would make it impossible to pass, such as balance problems or an eye condition, etc.
If you need an experienced attorney after a DWI arrest, contact us today.
If you have been charged with a crime in New Jersey, it is essential to retain the services of an experienced criminal defense attorney. Contact the Law Office of Michael A. Policastro today to schedule a consultation so we can discuss your situation.
