Camden Field Sobriety Testing Lawyer 

Unreliability of Field Sobriety Testing

As mentioned above, their results are questionable even when drivers are made to understand how to perform these tests. The walk-and-turn test is only 68% valid, and the one-leg stand is only 65% valid in estimating a BAC of .08% or higher. 

The horizontal gaze nystagmus has been ruled inadmissible in New Jersey courts as a test to prove a driver is under the influence because it is not scientifically reliable. 

Before police officers ask you to perform the tests, they must consider several factors: 

• They should first ask you if you have any injuries or disabilities that would prevent you from doing the test. This is referred to as a “medical clearance.” If you have back or leg problems, you may not be physically able to perform the test.
• Are you more than 50 pounds overweight? If so, you may have difficulty doing the tests, and the results may be compromised.
• Are you 65 years of age or older? Validation studies show that people 65 and older have difficulty completing the tests.
• What type of shoes are you wearing? If you wear high heels over two inches, flip flops, sandals, or boots that rise above the ankles, you should be allowed to remove these shoes before starting the tests.

According to the National Highway Traffic Safety Administration (NHTSA) training manual, the tests should be performed on a well-lit, dry, flat, hard, non-slippery surface. The tests could be compromised if the ground does not meet these criteria.

Other Factors Impacting Test Accuracy

Additional factors that can compromise field sobriety testing include:

• Aside from poor lighting and uneven surfaces, adverse weather conditions can significantly affect a driver’s performance during testing.
• Medical diseases or conditions like arthritis or vertigo can impede testing.
• Nervousness or anxiety arising from the pressure of being stopped by law enforcement can compromise coordination and concentration, irrespective of alcohol consumption.