Am I Allowed to Refuse a Sobriety Test in New Jersey?

Many New Jersey drivers eventually find themselves in a situation where they have been pulled over by a police officer under the suspicion of a DUI/DWI. This situation can occur whether you have been drinking or whether you are completely sober. Either way, your behavior in this situation is paramount and you should do your best to avoid self incrimination. 

In New Jersey you have the right to refuse all sobriety tests, however refusing these tests may result in a ticket or be used as evidence against you. So, there is no simple answer as to whether or not you should consent or refuse a sobriety test. The answer is not simple because it depends on many different variables including the circumstances of the traffic stop, medical problems, and many other situational issues.

When addressing sobriety tests it is important to know that there are different types of tests and refusal of these tests can have differing results. The main two tests used in DWI convictions in New Jersey are Field Sobriety Tests (FSTs) and chemical tests such as the Breath Test.