Do You Have to Take Field Sobriety Tests in New Jersey?

If you are stopped for suspected DWI in New Jersey, police may ask you to perform field sobriety tests (FSTs). Many drivers believe these tests are mandatory. They are not.

Field sobriety tests are voluntary in New Jersey and are commonly used by police to establish probable cause for a DWI arrest.

Are Field Sobriety Tests Required in NJ?

No. New Jersey law does not require drivers to perform field sobriety tests. Unlike breath testing, FSTs are not part of New Jersey’s refusal statute.

Police typically use the following tests:

• Walk-and-turn test
• One-leg stand test
• Horizontal gaze nystagmus (HGN) test

These tests are designed to evaluate coordination, balance, and the ability to follow instructions.

Can You Refuse Field Sobriety Tests?

Yes. A driver may refuse field sobriety tests without the automatic penalties associated with refusing a breathalyzer test. However, police may still arrest a driver based on other observations, including:

• Odor of alcohol
• Slurred speech
• Bloodshot eyes
• Driving behavior
• Admissions made during the stop

What Happens After a DWI Arrest?

Following a DWI arrest, police may request a breath test at the station. Refusing a breath test in New Jersey may result in separate penalties, including license suspension and fines.

Speak With New Jersey DWI Attorney Eric D. Lee

If you were arrested for DWI or refusal in New Jersey, understanding your rights is critical. Eric D. Lee at Florio Perrucci Steinhardt Cappelli & Tipton is a New Jersey DWI and criminal defense attorney and former County Assistant Prosecutor with the Essex County Prosecutor’s Office.