Do you have to take roadside sobriety tests in New Jersey?
In New Jersey, drivers are not legally required to take roadside field sobriety tests during a DWI stop. These tests—such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN) eye test—are voluntary, and refusing them does not create any separate charge or automatic penalty. Many people believe they must perform these tests or risk the same consequences as refusing a breath test, but that is a misunderstanding of New Jersey DWI law.
Roadside Tests Are Voluntary and Often Unreliable
Field sobriety tests are subjective and highly dependent on the officer’s instructions, the driver’s physical condition, footwear, medical issues, weather, and roadway conditions. Because of this, these tests often hurt drivers more than they help, and refusing them removes a major piece of evidence the State typically relies on. New Jersey courts allow DWI charges even below 0.08% BAC if the officer claims impairment, so limiting unreliable evidence is sometimes strategically beneficial.
Refusing Roadside Tests Does NOT Mean Refusing the Breath Test
It’s critical to understand the difference between field tests at the roadside and the official breath test at the station. Under New Jersey’s implied consent law, once you are arrested, you must take the Alcotest breath test. Refusing the official breath test carries mandatory penalties, including license suspension, fines, and surcharges.
But again, refusing roadside tests has no automatic penalty.
What Happens If You Refuse?
If an officer feels they have enough probable cause—based on driving behavior, odor, slurred speech, or other factors—they may still make an arrest. Your refusal simply means there is less admissible evidence for the State to use in court.
If you were charged with DWI after refusing field sobriety tests, an attorney can review the video, the officer’s instructions, and whether proper procedures were followed to identify potential weaknesses in the case.
No. Field sobriety tests in New Jersey are voluntary and you cannot be penalized for refusing them. Police may still arrest you for DWI if they believe they already have probable cause based on other observations, but the refusal itself cannot be treated as proof of intoxication. The mandatory test is the official breath test at the station, not the roadside exercises.
Last updated: December 12, 2025
