What Happens if I Refuse Field Sobriety Tests in New Jersey?
New Jersey law gives police and prosecutors several methods for proving guilt in driving while intoxicated (DWI) cases. Every driver on New Jersey roads must submit to breath testing if a police officer asks them to do so after arresting them on suspicion of DWI. Police must have probable cause to make an arrest before they can conduct mandatory breath testing. They may ask a person to perform field sobriety tests (FSTs) at the scene of a traffic stop. Unlike breath testing, state law does not require drivers to submit to FSTs. What happens, though, when a driver refuses an officer’s request to perform FSTs? Read on to learn more about what might happen in this situation.
New Jersey Law Does Not Require Participation in Field Sobriety Tests
Police must have probable cause to suspect DWI before they may arrest you or require you to submit a breath sample. The Fourth Amendment establishes the probable cause requirement for an arrest. The statute that defines the offense of refusal to submit to breath testing sets out three requirements:
– An officer had probable cause to believe that a person committed DWI.
– They placed the person under arrest.
– The officer requested a breath test, and the person refused.
FSTs appear nowhere in the DWI statute or the refusal statute. They are merely one of several methods police officers may use to assess whether a person appears to be under the influence of drugs or alcohol.
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