When police administer a breath test, they can accurately measure the alcohol level in a person’s system. This can also be done through urine or blood tests, which are considered quite reliable. These tests can determine if someone’s blood alcohol concentration (blood alcohol level) exceeds the legal limit of 0.08%.
However, when an officer pulls over a driver, they don’t initially know if that person is impaired (drunk driving) and typically don’t have immediate access to a Breathalyzer. While portable breath tests exist, they often aren’t admissible in court, so officers need alternative methods to assess potential impairment. This is where field sobriety tests come into play.
There are three types of tests
The three primary field sobriety tests are the one-leg stand, the walk and turn, and the horizontal gaze nystagmus. Officers may use these tests individually or in combination. While there are myths about officers asking individuals to recite the alphabet backward, these are not standard tests and are not actually employed.
Unfortunately, the reliability of these tests is often overestimated. Some studies indicate error rates as high as 47%. The most accurate results tend to come from administering all three tests consecutively, but even then, the error rate remains significant.
For example, a person might stumble during the walk and turn test simply because they are tired after a long day at work. Alternatively, an individual could have a medical condition affecting their balance, making the one-leg stand challenging.
While these tests can indicate whether someone is intoxicated—assuming no external factors are at play—most individuals have various influences that can affect their performance, especially when faced with a sudden test on the side of the road.
What options do you have?
You can see that this is not a reliable system, but it still does lead to arrests. For this reason, it is important to know all of your defense options. and to hire experienced attorneys.
The attorneys at Arbore Velez, LLC have decades of experience working throughout New Jersey, and they have represented clients in cases that include:
- DWI
- Traffic tickets
- Shoplifting
- Minor drug offenses
- Simple assault
If your case is heard in a municipal court, there is a limit as to the penalties you will face. Nonetheless, a conviction can result in steep fines, restitution, probation and other harsh consequences.