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[160] [161] To be convicted of DUI in New Jersey, a person must be operating or attempting to operate a motorized vehicle; thus activities such as sleeping in a car while intoxicated or bicycling while drunk are not illegal. [162] [163] Drivers are not legally required to take field sobriety tests, although the results are admissible in court ...
Another criticism of standardized field sobriety tests is the statistical evidence behind them, and the ability of the test to actually judge for impairments related to alcohol. One study involved completely sober individuals who were asked to perform the standardized field sobriety tests, and their performances were videotaped.
[citation needed] For example, the state of Michigan has a roadside PBT law [6] that requires a motorist provide a preliminary breath test; [7] however, for non-commercial drivers Michigan's penalties are limited to a "civil infraction" penalty, with no violation "points". [8] Participation in "field sobriety tests" (FSTs or SFSTs) is voluntary ...
Silva noted in the police report that Flint refused any standardized sobriety tests, both after he was pulled over on the street and while in booking back at the Raynham Police station.
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Here, police may ask drivers to participate in a field sobriety test, which may involve getting out of the car to prove they can walk in a straight line, stand on one leg or follow an object ...
An increasingly used field sobriety test involves having the suspect breathe into a small, handheld breath testing device. These are often referred to as PAS Tests, or "Preliminary Alcohol Screening" Tests", or a PBT, "Preliminary Breath Test" and precede the actual arrest and subsequent requirement to submit to an evidentiary chemical test of ...
A suspension can occur from either the refusal to submit to a chemical test or results of 0.08 or greater alcohol concentration when a chemical test is taken. This blood alcohol concentration (0.08 grams percent) applies to drivers aged 21 and over, but a lower BAC level applies to underage drivers or any driver operating a commercial motor ...