Failing a DUI field sobriety test in Tucson can leave you feeling unsure about what happens next. However, you don’t have to face this situation alone. At AZ DUI Pros, we are here to fight for your rights, help you navigate the legal system, and achieve the best possible outcome for your case. If you’ve recently failed a DUI field sobriety test in Tucson, call us today at (602) 922-3755 for experienced legal assistance.
What is a DUI Field Sobriety Test in Tucson?
A DUI field sobriety test in Tucson is a set of physical and cognitive tasks that law enforcement uses to assess whether a driver is impaired by alcohol or drugs. These tests are standardized by the National Highway Traffic Safety Administration (NHTSA) and typically consist of three main components:
- Horizontal Gaze Nystagmus (HGN): Observing involuntary eye movements as the subject tracks an object.
- Walk-and-Turn Test: Requiring the driver to walk heel-to-toe in a straight line, turn, and walk back.
- One-Leg Stand Test: Testing balance and concentration by having the driver stand on one leg for 30 seconds.
Officers use these tests as evidence to establish probable cause for an arrest. However, the results of a DUI field sobriety test in Tucson can be influenced by various factors, including the individual’s health, physical abilities, and environmental conditions.
What Happens After You Fail a DUI Field Sobriety Test in Tucson?
Failing a DUI field sobriety test in Tucson typically leads to the following steps:
1. Arrest and Detention
If the officer believes you are impaired, you will be arrested for driving under the influence. You will be read your Miranda rights and transported to a local detention facility.
2. Chemical Testing
Under Arizona’s implied consent law (ARS § 28-1321), you are required to submit to a breath, blood, or urine test to determine your blood alcohol concentration (BAC). Refusing to comply can result in an automatic suspension of your driver’s license, even if the charges are later dismissed.
3. License Suspension
Failing a chemical test after a DUI field sobriety test in Tucson can lead to a 90-day administrative license suspension. AZ DUI Pros can help you request a Motor Vehicle Department (MVD) hearing to challenge this suspension.
4. Court Proceedings
You will be scheduled to appear in court for an arraignment, where you will enter a plea of guilty, not guilty, or no contest. With the assistance of AZ DUI Pros, you’ll have an advocate to guide you through this process and craft a robust defense.
Common Defenses to a Failed DUI Field Sobriety Test in Tucson
Failing a DUI field sobriety test in Tucson doesn’t guarantee a conviction. There are several defense strategies that your attorney may employ, including:
- Improper Administration of Tests: Field sobriety tests must be conducted according to strict NHTSA protocols. Deviations can render results unreliable.
- Health and Medical Conditions: Conditions such as vertigo, injuries, or neurological disorders can affect performance.
- Environmental Factors: Poor lighting, uneven pavement, and inclement weather can contribute to test failure.
- Officer Bias: Preconceived notions or insufficient training can result in unfair assessments.
By highlighting these issues, AZ DUI Pros can help undermine the prosecution’s case.
Expanded Hypothetical Scenarios
Scenario 1: Poor Road Conditions
Emily’s Story
Emily, a schoolteacher, was pulled over late at night for allegedly drifting within her lane. The officer administered a DUI field sobriety test in Tucson, including the walk-and-turn and one-leg stand tests. However, the test was conducted on a gravel shoulder, and Emily struggled to maintain her balance. Despite explaining the circumstances, she was arrested for DUI.
Defense Strategy
Emily contacted AZ DUI Pros at (602) 922-3755. Her attorney argued that the uneven surface violated standardized testing conditions outlined by NHTSA guidelines. By citing ARS § 28-1387, which addresses the reliability of evidence, her defense successfully challenged the test results. As a result, the court dismissed the DUI charges.
Scenario 2: Medical Issues Misinterpreted as Impairment
Mike’s Story
Mike, a retired construction worker, was stopped at a sobriety checkpoint. The officer asked him to perform a DUI field sobriety test in Tucson, but Mike struggled with the one-leg stand test due to chronic knee pain and arthritis. He was subsequently arrested for DUI despite explaining his medical condition.
Defense Strategy
Mike turned to AZ DUI Pros for help. His attorney provided medical records and testimony from his doctor to demonstrate how his condition affected his performance. Using ARS § 28-1381(G), which allows for defenses based on medical conditions, his legal team successfully negotiated a reduction in charges to reckless driving, sparing Mike from harsher penalties.
Frequently Asked Questions (FAQs)
1. Can I refuse a DUI field sobriety test in Tucson?
Yes, these tests are voluntary in Arizona. However, refusal may be used against you in court to suggest impairment.
2. Are the results of a DUI field sobriety test in Tucson reliable?
Field sobriety tests are not foolproof. Factors like health conditions, uneven surfaces, and officer bias can lead to inaccurate results.
3. What are the penalties for a first-time DUI in Arizona?
Under ARS § 28-1381, penalties can include fines, license suspension, jail time, and mandatory alcohol education classes.
4. Can I still drive after failing a DUI field sobriety test in Tucson?
You may face immediate license suspension. However, AZ DUI Pros can help you request a hearing to challenge this action.
Relevant Arizona DUI Statutes
- ARS § 28-1381: Defines DUI offenses, including penalties for exceeding the legal BAC limit.
- ARS § 28-1321: Covers implied consent laws and penalties for refusing chemical tests.
- ARS § 28-1387: Allows for challenges to the reliability of evidence in DUI cases.
- ARS § 28-1381(G): Provides for medical defenses in DUI cases.
The Role of AZ DUI Pros
When you fail a DUI field sobriety test in Tucson, having skilled legal representation can make all the difference. AZ DUI Pros specializes in challenging field sobriety tests, chemical test results, and procedural errors.
- Aggressive Defense: We scrutinize every detail of your case to find weaknesses in the prosecution’s evidence.
- Personalized Strategies: Tailored approaches based on your specific circumstances.
- Comprehensive Support: From administrative hearings to court appearances, we are with you every step of the way.
Conclusion
Failing a DUI field sobriety test in Tucson is not the end of the road. With the right legal representation, you can fight back against unfair charges and protect your future. Contact AZ DUI Pros at (602) 922-3755 for a consultation today. We are ready to stand by your side and help you navigate this difficult time.
