Field sobriety tests are a cornerstone of DUI investigations in Phoenix, Arizona. Law enforcement officers use these tests to gauge impairment based on physical and cognitive abilities. However, the results are not always reliable and can be influenced by numerous factors unrelated to alcohol or drug use.
This blog provides an in-depth look at what happens during a DUI field sobriety test in Phoenix, the legal consequences of failing, and how you can protect your rights under Arizona law.
What Is a DUI Field Sobriety Test?
A DUI field sobriety test in Phoenix involves a series of tasks designed to measure balance, coordination, and attention. These tests are administered when an officer suspects that a driver is impaired.
The three standardized field sobriety tests (SFSTs) are:
- Horizontal Gaze Nystagmus (HGN): This measures involuntary eye movement as the subject follows an object with their eyes. Impaired individuals may exhibit a jerking motion in their eyes.
- Walk-and-Turn: This requires the driver to walk a straight line heel-to-toe, turn, and return. It assesses balance, focus, and the ability to follow instructions.
- One-Leg Stand: The individual is asked to stand on one leg and count aloud. This test evaluates balance and coordination.
Although these tests are standardized, their accuracy can be compromised by medical conditions, fatigue, nervousness, or uneven road conditions.
Relevant Arizona Statutes for DUI Field Sobriety Tests
Arizona Revised Statutes (ARS) outline the framework for DUI enforcement, including the use of field sobriety tests and chemical testing.
- ARS § 28-1381: This statute addresses DUI offenses, including driving while impaired to the slightest degree. It forms the legal basis for most DUI charges.
- ARS § 28-1321: Known as the Implied Consent Law, this statute requires drivers to submit to chemical testing if arrested for DUI. Refusal can result in license suspension, regardless of sobriety.
- ARS § 13-2915: This statute relates to obstruction of law enforcement duties, which may be invoked if an individual resists participating in field sobriety tests.
Understanding these statutes is vital if you fail a DUI field sobriety test in Phoenix, as they dictate how your case will proceed.
What Happens If You Fail a DUI Field Sobriety Test in Phoenix?
Failing a DUI field sobriety test in Phoenix can lead to arrest on suspicion of driving under the influence. However, it’s important to note that field sobriety test results alone are not enough to convict you of DUI.
Here’s the typical sequence of events:
- Arrest: If the officer determines there is probable cause based on the field sobriety test, you may be arrested for DUI.
- Chemical Testing: You’ll be required to take a breath, blood, or urine test to measure your Blood Alcohol Concentration (BAC).
- License Suspension: Refusal to submit to chemical testing can lead to immediate suspension of your driver’s license under ARS § 28-1321.
Penalties for a DUI Conviction in Arizona
Arizona imposes some of the toughest DUI penalties in the country. If you are convicted after failing a DUI field sobriety test in Phoenix, potential consequences include:
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First-Time DUI:
- Up to 10 days in jail.
- Fines starting at $1,250.
- Alcohol education classes.
- Ignition interlock device installation.
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Extreme DUI (BAC 0.15% or higher):
- Minimum 30 days in jail.
- Fines of at least $2,500.
- Longer alcohol education programs.
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Aggravated DUI:
- Class 4 felony charges.
- License revocation for one year.
- Mandatory two years in prison.
These penalties increase with prior offenses or aggravating factors, such as having a minor in the vehicle.
Hypothetical Scenario
Imagine Maria, a 40-year-old teacher in Phoenix, is pulled over after attending a late-night gathering. The officer observes that Maria’s speech is slightly slurred and asks her to perform a DUI field sobriety test in Phoenix. Maria struggles with the One-Leg Stand test due to vertigo but otherwise appears cooperative.
After failing the test, Maria is arrested and taken for a breathalyzer test, which shows a BAC of 0.07%. Maria hires an experienced DUI attorney who argues that her medical condition affected her performance on the field sobriety test. Additionally, the attorney identifies procedural errors in how the officer conducted the tests. As a result, the charges are reduced to a reckless driving offense.
Defenses Against a DUI Field Sobriety Test
Failing a DUI field sobriety test in Phoenix doesn’t mean your case is hopeless. Experienced DUI attorneys can challenge the evidence against you using various defenses:
- Improper Test Administration: Officers must follow standardized procedures when conducting field sobriety tests. Any deviation can undermine the validity of the results.
- Environmental Factors: Uneven pavement, poor lighting, or bad weather can affect test performance.
- Medical Conditions: Physical or neurological conditions can mimic signs of impairment.
- Subjectivity: The officer’s interpretation of your performance is inherently subjective and can be challenged.
These defenses can significantly impact the outcome of your case.
What to Do After Failing a DUI Field Sobriety Test in Phoenix
If you’ve failed a DUI field sobriety test in Phoenix, follow these steps to protect your rights:
- Stay Calm: Do not argue with the officer or resist arrest.
- Know Your Rights: You have the right to remain silent and not incriminate yourself.
- Contact an Attorney: Reach out to Arizona DUI Pros at (602) 922-3755 to get professional legal representation.
FAQs About DUI Field Sobriety Tests
1. Are field sobriety tests mandatory in Arizona?
No, these tests are voluntary. However, refusing may lead the officer to rely on other observations for an arrest.2. Can medical conditions affect test results?
Yes, medical conditions like vertigo, arthritis, or neurological disorders can impact your performance.3. How accurate are field sobriety tests?
Field sobriety tests are standardized but not foolproof. External factors and subjectivity can influence results.4. Can I refuse a chemical test after failing a field sobriety test?
Refusal is your right but comes with consequences, including automatic license suspension under ARS § 28-1321.5. When should I hire an attorney?
Immediately after your arrest. A qualified DUI attorney can evaluate your case and build a strong defense.
Conclusion
A DUI field sobriety test in Phoenix can be a pivotal moment in a DUI investigation. While failing the test may feel like the end of the road, it’s not a definitive measure of impairment or guilt. By understanding Arizona’s DUI laws, challenging improper procedures, and working with an experienced attorney, you can fight for a favorable outcome.
If you’ve recently failed a DUI field sobriety test in Phoenix, contact Arizona DUI Pros at (602) 922-3755. We are committed to protecting your rights and securing the best possible result in your case.
