Recently, in New Jersey, the Appellate Court upheld the decision in State v. Bernoketis whereby probable cause is not required in order to administer field sobriety tests. Reasonable, articulable suspicion, the same requirement for an investigatory stop of any individual, is all that is required in order for a police officer to administer field sobriety tests to an individual stopped for a routine traffic violation.
What this decision means to drivers is being pulled over for anything, even a seat belt violation, who appears to "seems to be" under the influence to the officer can be required to exit their vehicles and perform field sobriety tests. Reasonable, articulable suspicion is up to the discretion of the officer first, then the Judge if a DWI summons is issued following the field sobriety tests. Of course there will also be an Alcotest administered, barring refusal by the driver, which may be used by the prosecution or the defense depending on the result.
The consequences for a DWI in New Jersey are significant and a DWI defense should not be faced alone. It is your right to have counsel to represent you in a DWI.
For more information on NJ DUI law, or to obtain representation in a NJ DUI, please visit HeatherDarlingLawyer.com or contact us at 973-584-6200.
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