FAQ: Your Rights During Questioning and Field Sobriety Tests
A guide for New Jersey residents who are stopped by the police on suspicion of driving under the influence
FAQs
Table of Contents
What are my rights during questioning?
- You have the right to remain silent and not answer any questions that the police ask you. You can simply say “I want to remain silent” or “I want to speak to a lawyer”.
- You have the right to contact a lawyer and have one present during any questioning. You can ask the police to stop questioning you until you have a lawyer. If you cannot afford a lawyer, you have the right to a public defender.
- You have the right to be informed of your Miranda rights before any custodial interrogation. This means that the police must tell you that you have the right to remain silent, that anything you say can be used against you in court, that you have the right to a lawyer, and that if you cannot afford a lawyer, one will be appointed for you.
- You have the right to be free from any coercion, threats, or promises by the police to make you answer their questions. You can refuse to sign any statements or waivers that the police ask you to sign.
What are my rights during field sobriety tests?
- You have the right to refuse to perform any field sobriety tests, such as walking in a straight line, standing on one leg, or following a pen with your eyes. These tests are not mandatory and are not reliable indicators of impairment. However, if you refuse to take them, the police may use your refusal as evidence against you in court.
- You have the right to refuse to take a breathalyzer test, which measures the amount of alcohol in your breath. However, if you refuse to take a breathalyzer test, you will face an automatic license suspension of at least seven months, regardless of whether you are convicted of DUI or not. This is because New Jersey has an implied consent law, which means that by driving on the state’s roads, you agree to submit to a breathalyzer test if requested by the police.
- You have the right to request a blood or urine test instead of a breathalyzer test, if you have a medical condition that affects the accuracy of the breathalyzer test, such as diabetes, asthma, or GERD. However, you will still face a license suspension for refusing the breathalyzer test, unless you can prove that you had a valid medical reason for doing so.
- You have the right to have an independent test of your blood or urine done by a qualified laboratory of your choice, at your own expense, to challenge the results of the police test. You can also request a copy of the police test results and the maintenance records of the breathalyzer machine.
What should I do if I am stopped by the police for DUI?
- Stay calm and respectful. Do not argue, resist, or flee from the police. Do not make any sudden movements or reach for anything in your car without telling the police first.
- Provide your driver’s license, registration, and insurance card when asked.
- Politely decline to answer any questions or perform any field sobriety tests. Ask to speak to a lawyer as soon as possible.
- If you are arrested, do not consent to any searches of your car or belongings without a warrant. Do not sign any documents or statements without consulting a lawyer.
- Contact the NJ DUI Defender team as soon as possible. We can help you protect your rights, challenge the evidence against you, and negotiate a favorable outcome for your case.
The Face of Justice
Daniel S. Kratka
Founder
Daniel S. Kratka
Founder
Daniel S. Kratka began his legal career as a criminal prosecutor, honing his skills as a formidable trial attorney. He handled hundreds of DUI cases. He used the skills he developed from trying dui cases as a prosecutor to defend clients in DUI cases throughout the State of New Jersey.
As his google reviews attest, he is a master criminal defense attorney, who assesses each case and client goals to formulate the best legal defense. He has established an impressive winning track rack record. Mr. Kratka is a member of the National Association of Criminal Defense Lawyers and has been the attorney of record in many published legal decisions over the years. Mr. Kratka ‘s excellence was recently recognized when he was selected as a 2023 recipient of the Lawyers of Distinction Award.
Mr. Kratka practices throughout the state courts of New York and New Jersey and represents clients in federal courts throughout the country. He lectures on a variety of legal topics, is the president of his synagogue and is involved in many charitable organizations.
Mr. Kratka is a former All-City Basketball player, who still loves to play and coach.