I was Pulled Over for Suspected DWI. Can They Give Me an Alcohol Test at Police Headquarters?
Transcript
If you've been pulled over in New Jersey by a police officer while driving your car, he suspects that you are driving while intoxicated. The first thing that that officer will do is ask you to step out of that car. Now, just because he suspects that you are under the influence, that is not enough for him to take you down to the station in order to give you the AlcoTest. In order for the officer to bring you down to the police station He must have probable cause or a reasonable belief that you are under the influence of either alcohol or a drug. And how does that officer show that probable cause?
That's shown through the psychophysics. The first psychophysical test that they will have you take is the HGN test, which is essentially— they will ask you to keep your head in a fixed position and to follow an object with only your eyes. The second test that they will be looking for you to do is the heel-to-toe walk. And the third test that they will be looking for you to do is the one-legged, uh, foot raise. And if on any of those tests, uh, are not done properly by you, uh, they will then have the probable cause necessary to take you down to the station to administer the AlcoTest.
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