Field sobriety tests are an interesting and controversial aspect of a DUI traffic stop in Phoenix. Thus, it’s important to understand what a field sobriety test is, what they look like, and how they may affect an impending DUI charge.
If you find yourself facing DUI penalties that likely means you were asked to do field sobriety tests during a traffic stop. If you’ve been arrested for DUI you’ll want to connect with an Arizona DUI defense attorney as soon as possible. At Lerner and Rowe Law Group, we have a dedicated criminal defense team that exclusively handles these types of cases available to help you 24/7. So, don’t wait! Call us at 602-667-7777 for a free DUI case evaluation and consultation.
What Is a Field Sobriety Test?
A field sobriety test is intended to help police officers detect an elevated blood alcohol content (BAC) level in a standardized fashion. These sobriety tests were designed and determined by the National Highway Traffic Safety Administration (NHTSA). While they are developed by the NHTSA, they are far from being an exact science. In fact, many things can go wrong during a field sobriety test, skewing factual evidence.
For instance, an officer may stop you for suspicion of driving while intoxicated. If so, they may try to get you to submit to participating in field sobriety tests. Just know that these field tests may not be completely accurate, as you may naturally have balance or vision issues without being under the influence of alcohol or drugs.
What Kinds of Field Sobriety Tests Are There?
There are many different kinds of field sobriety tests, but these are the most common.
One-legged Stand Test
During the one-legged stand test, you will be asked to:
- Stand on one leg, with the other leg six inches from the ground,
- Keep your arms at your side, and
- Count to ten before putting your foot back down.
If you fail at certain specific aspects of this routine, the police officer will mark clues of impairment in your report. This can be incredibly unfair, as multiple reasons may lead even the most sober person to fail along this procedure. For instance, if you do not keep your arms at your side, you might fail. Or, you might fail if you put your foot down at eight instead of ten.
Walk and Turn Test
In the walk and turn test, you will be asked to:
- Walk an imaginary or physical line,
- Use heel-to-toe steps,
- Take exactly nine steps,
- Pivot, and
- Walk back.
Again, if you fail to follow a single one of these directions, you may be observed as impaired. For instance, taking eight or ten steps instead of nine may lead to suspicion.
Horizontal Gaze Nystagmus
A nystagmus is the bouncing, jerking, involuntary movement of the eyes. Nystagmus can sometimes indicate the use of substances, like alcohol. However, this movement can also be caused by some medical conditions.
During the horizontal gaze nystagmus test, the police officer will hold a pen or light up to your eyes, and expect you to follow its path with smooth eye motions. Again, any involuntary movement can count against you.
What Are Your Options When Asked to Perform a Field Sobriety Test?
According to Arizona state laws, field sobriety tests in Phoenix, AZ are not mandatory. However, if you choose not to comply with this roadside request, the officer may arrest you if they believe they have probable cause. In addition, the prosecution in any subsequent DUI trial will use this as evidence that you were trying to hide your inebriation. So, if you decide to refuse a field sobriety test and are charged with a DUI, you’ll want to contact a DUI lawyer in Phoenix right away. Doing so may help improve your chances of avoiding severe criminal charges.
What Happens if You Don’t Pass a Field Sobriety Test?
You will also need a criminal lawyer on your side if you do not pass your field sobriety test in the state of Arizona. A poor test score may strengthen the prosecution’s case against you, leading to further DUI charges and more extreme consequences. Remember, even a sober person can fail these tests, so make sure to have experienced legal representation on your side.
Find a Field Sobriety Lawyer in Phoenix
Remember, when in Arizona, driving impaired to the “slightest degree” is cause for a DUI arrest and charges. Lerner and Rowe Law Group has over 70 years of combined experience fighting a variety of criminal traffic law situations, especially fighting DUI charges.
Furthermore, with us, your defense case won’t break the bank as we offer affordable criminal defense and flexible payment plans. Call 602-667-7777 now, fill out our FREE online form, or use our LiveChat feature to schedule a free consultation and learn more about how our award-winning Phoenix DUI defense team is prepared to look after your rights and fight for fair and just representation.