What Happens if I Refuse a Field Sobriety Test in New Jersey?
Posted August 28th, 2025.
Categories: Blog.
When a police officer believes that a driver is under the influence of drugs or alcohol, they have the authority to conduct a traffic stop to determine whether or not the individual is sober. One of the ways they do this is through field sobriety testing. If you have been pulled over under suspicion of drunk driving, it is crucial that you fully understand your legal rights and options, including what can happen if you refuse a field sobriety test. Continue reading for more information and work with an experienced New Jersey criminal defense attorney for skilled representation.
What Are Field Sobriety Tests?
Field sobriety tests are sequences of tasks that a driver is required to perform during a traffic stop. They test the driver’s cognitive and physical abilities to help the officer more accurately determine whether or not they are under the influence of drugs or alcohol.
The NHTSA (National Highway Traffic Safety Administration) outlines the three standardized field sobriety tests that officers can conduct. They are as follows.
- Horizontal gaze nystagmus test: The officer holds an object like a penlight and moves it back and forth in front of the driver, who has been instructed to follow the movement with their eyes. The officer evaluates any involuntary jerking of the eyeball, which can point toward intoxication
- Walk and turn test: The driver is instructed to walk heel to toe in a straight line, turn on one foot, and walk back the same way. The officer looks for clues of impairment, like the individual losing their balance, failing to touch their heel to their toe, losing track of the number of steps they have taken, etc.
- One-leg stand test: The driver stands on one leg and counts out loud until they are instructed to stop. The officer asses whether they sway, lose their balance, hop around, put their foot down, count incorrectly, or other signs of intoxication.
What Happens if I Refuse a Field Sobriety Test in NJ?
Unlike the breathalyzer and chemical testing, you have the right to refuse a field sobriety test. It is important to note that you can refuse a breath test, but you leave yourself vulnerable to legal penalties like having your license suspended, fines, community service, and more.
You will not face legal consequences for refusing a field sobriety test. However, you can still be arrested if the officer has probable cause based on other evidence of impairment. You can still be arrested for a DUI if the police officer smells alcohol or drugs or identifies signs like slurred speech, red or watery eyes, erratic driving behavior, etc.
Your refusal to submit to testing could be used against you in court as evidence that you were trying to conceal your guilt. However, these tests are difficult to pass even for a sober individual, so many choose to refuse. If you have questions about sobriety testing and its role in your case, reach out to an experienced defense attorney today.
