Were you recently pulled over in the state of New Jersey and ordered to complete a sobriety test, which you subsequently failed? Do you question the methods used during the field sobriety test or that it was ordered at all? There are legal options to consider and address any time an individual reportedly fails a field sobriety test that may come in handy to protect you and your legal record, especially if you are not at fault.
Failure to perform the test accurately
One of the biggest issues with ordering a field sobriety test is that it is not always done properly or legally. The standard field sobriety test or FST used by officers throughout the US today typically includes the following three tests that are administered to each individual in question:
• One-leg stand
• Walk and turn demonstration to ensure stability and balance
• Horizontal gaze nystagmus, which tests for involuntary eye movements, indicating intoxication
Failure to consider your mental/physical condition
If you are charged with a DUI but do not believe you failed your field sobriety test or you believe it was improperly administered, you may also have a case. In some instances, an officer may fail to consider the following medical and health conditions an individual may be struggling with:
• Neurological issues
• Inner ear condition and/or infection
• Movement, neurological, or skeletal disorders
Administering a flawed field sobriety test
If a flawed field sobriety test is given, a DUI charge is more likely to occur, even if you did nothing to warrant the DUI. If texts are executed backward, out of order, or entirely incorrectly, the DUI test may be ruled invalid.
If you are facing DUI charges in the state of New Jersey, consider working with a legal team who can walk you through the process of clearing your name.