Field Sobriety Tests: What Are They and What Are Your Rights?
It's important to understand your rights when it comes to field sobriety tests (FSTs) in Arizona. Here's a breakdown of how these tests work and what you should know:
What are Field Sobriety Tests?
Field sobriety tests are a series of evaluations used by law enforcement officers to determine if a driver is impaired by alcohol or drugs.
These tests aim to assess your balance, coordination, and cognitive abilities.
In Arizona, the three standardized field sobriety tests (SFSTs) recognized by the National Highway Traffic Safety Administration (NHTSA) are:
Horizontal Gaze Nystagmus (HGN): This test involves the officer observing your eye movements as you follow a moving object. They're looking for involuntary jerking of the eyes, known as nystagmus.
Walk-and-Turn: You'll be instructed to take nine heel-to-toe steps in a straight line, turn, and take nine steps back. This test evaluates your balance and coordination.
One-Leg Stand: You'll be asked to stand on one leg, holding the other leg six inches off the ground, and count aloud for 30 seconds. This test also assesses balance and coordination.
Your Rights in Arizona
Voluntary Tests: In Arizona, field sobriety tests are generally voluntary. You have the right to refuse to take them.
Implied Consent: It is very important to distinguish between field sobriety tests, and chemical tests. Arizona's "implied consent" law means that by driving in Arizona, you have given consent to chemical testing (breath, blood, or urine) if you are arrested for DUI. Refusal of those tests, after an arrest, will have legal consequences.
Why Refusal is Sometimes Recommended:
FSTs are subjective: The officer's interpretation of your performance plays a significant role in the results.
Factors that can affect performance: Nervousness, medical conditions, and environmental factors can impact your ability to perform these tests, even if you are not impaired.
FST's are used to gain evidence against you.
Key Considerations
Remain Calm and Polite: If you are stopped by law enforcement, remain calm and respectful, regardless of whether you choose to take the FSTs.
Understand the Difference: It's crucial to understand the difference between field sobriety tests and chemical tests. It’s also important to understand the difference between the PBT (Personal Breath Test) device used on the side of the road and the chemical breath test, or intoxilyzer, performed at the police station. You can refuse the PBT, but refusing a chemical test after a lawful arrest can lead to serious consequences, including, at minimum, a driver's license suspension.
Seek Legal Counsel: If you are arrested for DUI, it's essential to consult with an experienced Arizona DUI attorney as soon as possible.
Important Note: This information is for general knowledge and informational purposes only, and does not constitute legal advice. It is essential to consult with a qualified attorney for legal advice regarding your specific situation.
