In New Jersey, the results of field sobriety tests can not only serve as the basis for probable cause to arrest a defendant, but can also be used as evidence for a finding of guilt for driving under the influence. However, while New Jersey’s DUI laws require that arrested defendants submit to breath testing, there is no similar statutory provision requiring that defendants perform field sobriety testing at the request of a police officer. This duty has, nonetheless, been imposed by case law. Thus, in cases where a defendant refuses to perform field sobriety testing, the state may be able to seek an inference of guilt at trial based on the defendant’s refusal. This means that the state could argue at trial that the defendant made a conscious decision to refuse to perform field sobriety testing because the testing would have revealed the defendant’s intoxication.