John W. Tumelty Logo

Available 24/7

609.390.4600

Former prosecutor

Now fighting for you.

New Jersey Criminal Defense and DUI attorney
who knows how to navigate the local courts.

Former State Prosecutor and Criminal Trial Attorney

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

View Criminal Defense ResultsView DWI Defense Results Free Consultation

DUI Field Sobriety Tests

How Do Field Sobriety Tests Work in New Jersey?

The field sobriety test can often be the determining factor as to whether a police officer arrests you for DUI/DWI. During the test, the officer may have perceived that you were, in fact, intoxicated and your driving ability was impaired. Then, the officer will give you a breath test simply to confirm his or her suspicion.

The subjectivity, inaccuracy, and unreliability of the field sobriety tests have been confirmed by the National Highway Traffic Safety Administration (NHTSA), yet they are still used as tools for determining inhibition by every police department in New Jersey and across the U.S. You do have the right to refuse to perform the field sobriety tests. The officer is not allowed to conduct field sobriety tests without objective evidence of intoxication.

If you or a loved one has been arrested for DWI, contact me immediately. As a former state prosecutor with the New Jersey Attorney General’s Office and former assistant county prosecutor with the Atlantic County Prosecutor’s Office, I am an experienced Atlantic City DWI attorney who can challenge prosecution evidence aggressively.

Field Sobriety Tests Are Not Foolproof

An experienced and thorough defense lawyer will review video and audio recordings from the arrest in detail. These can be critical pieces of evidence that can provide me with the ammunition necessary to reduce if not dismiss the severe penalties you face.

Officers begin looking for signs of intoxication the moment you roll down your window. I begin looking for signs of sobriety when I investigate your case.

The officer is making subjective judgments about your alertness, your ability to answer questions and even your awareness of the location of your auto insurance card and vehicle registration. He or she has been trained to observe signs of intoxication, but sometimes these signs are not obvious.

Upon full evaluation of the video and audio recordings, I can discover errors in procedure in order to challenge the reliability and credibility of the field sobriety tests, which include physical balance tests, an alphabet test, counting backward, an eye test, a walk-and-turn test, and a one-leg stand test.

I will prepare your case to challenge the accuracy of these tests as evidence for probable cause during cross-examination of the arresting officer, and I will show all the ways you followed the officer’s instructions, highlighting that your actions were consistent with sobriety.

Contact My South Jersey Office Today

Call me today to discuss your case or to schedule a free initial consultation. Call 609-390-4600.  Telephones answered 24-hours a day, seven days a week.

Free Consultation

  • * Indicated a required field