It's late at night and you're driving home after meeting friends for drinks in downtown Flagstaff. Suddenly, you see flashing lights in your rearview mirror. Your heart races as the officer approaches your window and asks if you've been drinking. Then, they request that you step out of the vehicle to perform field sobriety tests.
At this critical moment, it's essential to understand your rights. The experienced Flagstaff criminal defense attorneys at Griffen & Stevens Law Firm are ready to provide clear guidance on field sobriety testing laws in Arizona. In this article, we explain what you can legally refuse and the potential consequences of refusal so you can make informed decisions to protect your future.
Understanding Field Sobriety Tests in Arizona
Field sobriety tests (FSTs) are a series of physical and cognitive exercises that police officers use to determine if a driver is impaired by alcohol or drugs. In Arizona, the standardized field sobriety test battery includes three main assessments.
Horizontal Gaze Nystagmus
The officer observes your eyes as you follow a moving object, checking for involuntary jerking or twitching.
This test is based on the idea that alcohol consumption can cause nystagmus, a condition characterized by rapid, uncontrolled eye movements. However, many factors unrelated to intoxication, like certain medical conditions or flashing lights, can also trigger nystagmus.
Walk and Turn
You'll be instructed to take nine heel-to-toe steps along a straight line, turn around, and take nine steps back.
The officer will look for signs of impairment such as losing balance, stepping off the line, using your arms for balance, or failing to follow directions. Keep in mind that physical limitations, injuries, footwear, and road conditions can all impact your ability to perform this test.
One Leg Stand
This test requires you to stand on one foot while counting out loud until the officer tells you to stop, usually after 30 seconds.
Signs of impairment may include swaying, hopping, putting your foot down, or failing to count properly. Again, factors like physical limitations, nervousness, and uneven surfaces can affect your performance.
Your Right to Refuse Field Sobriety Tests in Arizona
Many drivers don't realize that in Arizona, FSTs are completely voluntary. Your field sobriety test rights include the option to politely decline these assessments without facing legal penalties for refusal. Police officers must have probable cause to arrest you for DUI, but refusing FSTs alone doesn’t provide that probable cause.
It's important to note that although you can refuse field sobriety testing, this doesn't apply to chemical tests like breathalyzers or blood draws. Under Arizona's implied consent law, you automatically agree to these tests when you obtain a driver's license. Refusing a chemical test after a DUI arrest will result in a one-year suspension of your license.
Should You Submit to Field Sobriety Tests?
While it's ultimately a personal decision whether to perform field sobriety tests, there are several reasons why you might choose to decline:
- FSTs are highly subjective. Despite standardized guidelines, law enforcement still has significant leeway in interpreting your performance. What one officer considers a sign of impairment might seem normal to another.
- Sober individuals can fail. Factors like nervousness, fatigue, physical limitations, road conditions, and weather can all cause a sober person to perform poorly on field sobriety tests.
- FSTs aren't reliable indicators of impairment. Studies indicate that even when administered perfectly, the standardized field sobriety tests are only accurate about 65–77% of the time. That means up to a third of sober drivers could be wrongly identified as impaired.
- Poor performance gives police probable cause. If the officer determines that you've "failed" the field sobriety tests, they'll likely have probable cause to arrest you on suspicion of DUI, even if you haven't had a drop to drink.
By politely declining field sobriety tests from the start, you avoid giving law enforcement potentially incriminating evidence to use against you. However, be aware that even if you decline testing, you may still be arrested if the officer has other reasons to suspect impairment, such as the odor of alcohol, slurred speech, or erratic driving.
How Griffen & Stevens Protects Your Field Sobriety Test Rights After a Flagstaff DUI Arrest
If you're arrested for DUI in Flagstaff, it's crucial to seek experienced legal representation right away. The skilled Flagstaff criminal defense attorneys at Griffen & Stevens Law Firm will thoroughly review your case to determine if your field sobriety test rights were violated during the traffic stop, testing, or arrest process.
We'll examine factors such as:
- Whether the officer had reasonable suspicion to stop your vehicle.
- If field sobriety tests were administered properly under standardized guidelines.
- Whether the officer had probable cause to make an arrest.
- If chemical tests were conducted in accordance with Arizona law.
If we find that your constitutional field sobriety test rights were infringed upon at any stage, we'll fight aggressively to have evidence suppressed and charges reduced or dismissed. With decades of combined experience and a deep understanding of Arizona DUI laws, our team knows how to build strong defenses to protect your freedom and future.