1. Stand with your feet together and your arms at your side.
2. Keep that position until you are told to begin.
3. Raise the leg of your choice six inches off the ground while keeping your arms at your sides.
4. Keep watching the raised foot.
5. Count 1,001, 1,002 and so on until told to stop.

The officer must ask if you understand the instructions and receive an affirmative answer.  This test can last no longer than 30 seconds.  If you put your foot down three or more times, you are considered to have reached a “decision point” on the testing.
If you stop at any point during the testing, you should be given the opportunity to resume the testing.

There are four scoring factors for the one leg stand test.

1. Sways while balancing
2. Uses arms for balance
3. Hopping
4. Puts foot down

● Walk and Turn Test. If properly administered, the walk and turn test has a 68 percent reliability of predicting that a person’s BAC is 0.08 percent or greater. In order for the test to be reliable, the officer must demonstrate the test and you must be told the following:

1. Place your left foot on the line.
2. Place your right foot on the line ahead of your left foot with the heel of your right foot against the toe of your left foot.
3. Keep your arms to your side.

Keep this position until you are told to begin. The officer must ask if you understand the instructions and receive an affirmative answer. When you are told to start, take nine heel-to-toe steps, turn and take nine heel-to-toe steps back. To turn, keep the front foot on the line, and take a series of small steps with the other foot.  While walking, keep your arms at your sides, watch your feet at all times and count each step out loud. Once you start, don't stop until the test is completed.

The officer will grade your performance based on eight scoring factors.

1. Cannot keep balance while listening to instructions
2. Starting before instructions are finished
3. Stopping while walking
4. Does not touch heel-to-toe (more than 1/2 inch on any step)
5. Steps off of the line
6. Uses arms for balance
7. Improper turn
8. Incorrect number of steps

● Horizontal Gaze Nystagmus (HGN) The courts in New Jersey have excluded this test because it has not been proven scientifically reliable in court.  Therefore, it cannot be used as proof that you were under the influence of alcohol or drugs.

Any test can be used by an officer on the roadside. However, the testing must be fair. You must hire a skilled DWI attorney to challenge the validity and reliability of field sobriety tests.

The first thing to know about roadside testing is that these tests are completely voluntary.  In other words, when you are stopped by police, you do not have to perform the tests! You can refuse to perform these tests, and you will not be given a separate ticket for refusing to perform them.

Unfortunately, police officers are not required to tell you that you do not have to perform these field sobriety tests. In addition, you do not have to be read your Miranda rights prior to performing the tests, even though your performance can be used against you in court.

If you perform the Field Sobriety Tests and fail, you will want to challenge the tests’ validity.  In order to challenge the Field Sobriety Tests, you and your attorney should consider the following factors. 

● Do you have any injuries that would prevent you from performing the tests properly? Any injury to your back, legs, knees or feet may negatively affect your ability to stand on one leg or walk a line. As a result, the validity or reliability of the test performance is compromised.

● Do you have balancing problems, middle ear problems, vertigo or anything else that may cause a balancing problem while performing these tests?

● Are you 50 pounds or more overweight?                                                                             

● Are you 65 years old or older?

● Were you wearing high heels, heavy boots, flip flops or sandals when you performed the test(s)?  

● Were the tests performed on unusual terrain?  The testing should be done on a well-lighted, dry, flat, hard, non-slippery surface with plenty of unrestricted space.  Any other type of terrain could cause poor performance due to slipping or tripping. 

You were probably given a variety of field sobriety tests.  Many of these tests are designed to induce swaying and to make you fail.  There are no set rules for these tests; the police officers can request you to do anything.  However, there are three tests that are scientifically validated and may be reliable to predict that a person is legally impaired. (This validation study was set forth by the National Highway Traffic Safety Administration (NHTSA).) However, the eye test that some officers use is not admissible in court, since the New Jersey courts have not found it to be scientifically reliable.

● One leg stand. If instructed properly, the one leg stand is 65 percent reliable to predict that a person’s BAC is 0.08 percent or greater. To ensure this level of reliability, the officer must demonstrate the test and must give you the following instructions: