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C. Did You Do Any Test On The Road?
After you were signaled
to stop your vehicle, you were asked to step out of your vehicle.
Then the police officer probably
asked you to perform some tests on the road. Did you do any of
these tests? Since how you performed on those tests will be evidence
to prosecute you in court (see “Evidence
Used in Court”), it is very important to know what the tests
are. As I explain in 10 Things
To Do When Arrested for DWI, I recommend that
you do NOT do any of those tests on the road. The
roadside tests are not required by law in New Jersey. Breath
tests, following a warning about refusing, are legally coerced
by laws imposing penalties for refusal. There is no additional
penalty for refusing any tests on the road. One should politely
decline to do any roadside tests or to answer any questions about
drinking alcohol. Many, though not all, police officers have
already decided to arrest for breath testing at the point when
a driver is asked to step out of their vehicle. In many cases,
roadside tests are used to gather biased evidence against a driver,
not to give the driver a chance for release.
It is always better to minimize the information that can hurt
you in court. The following are some examples of road tests often
conducted and used as evidence for alleged intoxication in New
Jersey.
1. Preliminary Breath Test (PBT)
This is a screening breath test that is often used on the road. It is used
to give a police officer a threshold level of alcohol consumption before
the officer takes the driver to the police station. It looks like the medication
in a plastic container that asthma patients use. When you blow into this
product, you will get a BrAC on site. This result is used to develop probable
cause for arrest.
2. Horizontal Gaze Nystagmus (HGN)
You will be asked to follow the pen with your eyes. The officer is looking
if your eyes exhibit any evidence of intoxication: when alcohol is present,
eyes allegedly make “bouncing” movements. The office will conduct tests for
each eye, probably starting with your left. The officer will bring the pen
to the left, center, and may hold it in one particular position far away
so that he or she can record how you perform. You, as a subject, will not
know if your eyes are making subtle movements since your vision will not
be affected by such movements.
3. One Leg Stand
The police officer will ask you to stand with one leg in order to see how intoxicated
you are. You need to follow the officer’s instruction throughout, but you
are usually asked to hold your foot up from the ground while the officer
explains the procedure. The officer will be looking at if you put your leg
down, sway, move your arms, etc.
4. Walk and Turn
You will be asked to stand up straight while you listen to the officer’s instructions.
The officer will tell you to walk on a “straight line”, with toes and heel
touching. In many circumstances, there is no straight line that the subject
can walk on. So the officer will instruct to walk on an “imaginary straight
line”. You may be asked to count steps as you walk. As you reach the maximum
number of steps, you will make a turn. The officer is looking for a sign of
intoxication throughout. You will be monitored if you move while you stand,
step out of a line, or sway.
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1The figure is as of May 29, 2007. Win rate
is defined as the number of clients not convicted for DWI divided
by the total number of clients who were charged with DWI. The
clients are those who retained this office after 2005. Each case
varies. Under any circumstance, we do NOT guarantee a successful
outcome in any individual case.
2The figure is as of May 29, 2007. Win rate is defined as the
number of clients not convicted for No Automobile Liability Insurance
divided by the total number of clients who were charged with
said charge. The clients are those who retained this office after
2000. Each case varies. Under any circumstance, we do NOT guarantee
a successful outcome in any individual case.
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