Were you administered a field sobriety test?

If you have given a Point Pleasant Beach police officer a reasonable articulable suspicion that you are driving drunk, or you have given him probable cause to pull you over, you may be asked to submit to a field sobriety test. A Point Pleasant Beach police officer may detain you without a Miranda warning to conduct the test for a reasonable amount of time (as long as is generally needed to complete the tests). It is important to realize that a failure of a field sobriety test could allow the State to charge you with a first tier, first offense DWI even if you breathe below the legal limit of a 0.08% BAC when a breath test is administered.

Point Pleasant Beach and all New Jersey police officers must follow certain procedures and observe you very carefully while administering a field sobriety test. The police officer will first observe and test your eyes using a Horizontal Gaze Nystagmus (HGN) test and a Vertical Gaze Nystagmus (VGN) test. The police officer will attempt to measure your pupil size and how well you can track his finger or object as he moves it from side-to-side and top to bottom. During the administration the police officer must write down the results and his observations of you.

Next, the Point Pleasant Beach police officer will administer two scientifically validated psychophysical tests. The first is the Walk-and-Turn test in which an officer will give very specific instructions. It is important to realize that the test begins as soon as the officer begins giving you instructions. Everything you do and say during the instruction period will be observed and notated. The next test is the One-Leg Stand. Again, the test actually begins as soon as the officer begins giving instructions on how to perform it.

If you have been charged with a DWI, DUI, or Refusal in Point Pleasant Beach, and you were administered a field sobriety test, contact an experienced DWI lawyer to protect your rights. Call Carmine R. Villani for a free initial consultation today.