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State v. Bernokeits- Reasonable Suspicion is Required for DUI Field Sobriety Testing

In, State v. Bernokeits, which arose from Ocean County, an Appellate Division panel was asked to decide whether standard, roadside field sobriety testing requires the police to have probable cause to arrest or to search, or may it be undertaken on the basis of reasonable suspicion alone.In answering this question, the Court turned to the Fourth Amendment and determined that the “administration of the field sobriety tests is more analogous to a Terry stop than to a formal arrest, and therefore may be justified by a police officer’s reasonable suspicion based on particularized, articulable facts suggesting a driver’s intoxication. 

Measured against the important law enforcement interest in ensuring public safety on our roads, both the nature and extent of defendant’s detention here are only minimally burdensome on his Fourth Amendment rights and insufficient to warrant application of a more exacting standard.

”The court further determined that courts have consistently upheld such routine, standardized testing on the basis of a reasonable, articulable suspicion of driver intoxication.

Written by Attorney, Jason Charles Matey, Esq. 

5 Comments to State v. Bernokeits- Reasonable Suspicion is Required for DUI Field Sobriety Testing:

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blue card on Thursday, January 10, 2013 9:13 AM
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bicycle accident compensation nsw on Monday, February 04, 2013 7:22 AM
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Vacation to Bermuda on Tuesday, April 23, 2013 5:36 AM
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