If you’ve been pulled over for a suspected DUI in Goodyear, Arizona, you may be asked to perform a DUI Field Sobriety Test. These tests, administered by law enforcement, are used to determine if a driver is impaired. But can failing one of these tests lead to an automatic arrest? The short answer: yes, but there’s more to it.
At AZ DUI Pros, we understand the complexities of DUI cases in Arizona and are here to help if you’ve been arrested after failing a DUI Field Sobriety Test. Call us at (602) 922-3755 for a free consultation and let our experienced DUI attorneys guide you through your case.
What is a DUI Field Sobriety Test?
A DUI Field Sobriety Test is a series of physical and cognitive exercises used by police officers to assess a driver’s level of impairment. The most common tests include:
- Horizontal Gaze Nystagmus (HGN) Test: The officer asks you to follow a pen or small light with your eyes. If your eye movement is jerky, it may indicate intoxication.
- Walk-and-Turn Test: You must walk heel-to-toe in a straight line, turn on one foot, and walk back.
- One-Leg Stand Test: You must balance on one foot for about 30 seconds without swaying, hopping, or using your arms for balance.
These tests are subjective and often challenged in court, but if you fail a DUI Field Sobriety Test, you could be arrested under A.R.S. § 28-1381, Arizona’s DUI law.
Do You Have to Take a DUI Field Sobriety Test in Arizona?
Many Arizona drivers are unsure whether they are legally required to take a DUI Field Sobriety Test if pulled over. The answer is no—Arizona law does not mandate participation in these tests. However, refusing to take a DUI Field Sobriety Test can still have legal consequences.
1. Arizona’s Implied Consent Law (A.R.S. § 28-1321)
Arizona’s implied consent law, outlined in A.R.S. § 28-1321, applies specifically to chemical testing (such as breath or blood tests), not DUI Field Sobriety Tests. This means that drivers are not legally required to perform physical sobriety tests, but refusing a breath or blood test can result in an automatic license suspension.
2. Should You Refuse a DUI Field Sobriety Test?
Since DUI Field Sobriety Tests are voluntary in Arizona, some defense attorneys recommend politely declining them. These tests are highly subjective, and poor performance—even for reasons unrelated to alcohol—can be used against you in court. However, refusing to take a DUI Field Sobriety Test may raise suspicion and lead to an arrest based on other evidence.
3. What Happens If You Refuse?
If you refuse a DUI Field Sobriety Test, the officer may:
- Arrest you based on other signs of impairment (e.g., erratic driving, odor of alcohol).
- Request a search warrant to conduct a blood draw or breathalyzer test.
- Include your refusal in their report, which prosecutors may use against you.
4. What’s the Best Course of Action?
Every DUI stop is different, so the best response depends on the situation. If you believe you are sober and can complete a DUI Field Sobriety Test successfully, taking it may help prove your case. However, if you have a medical condition or are unsure about your ability to pass, politely declining the test and requesting legal representation may be in your best interest.
If you’ve been arrested after refusing or failing a DUI Field Sobriety Test, you need a strong defense. Call AZ DUI Pros at (602) 922-3755 for a free consultation and let us help protect your rights.
Can You Be Arrested for Failing a DUI Field Sobriety Test?
Yes. In Arizona, failing a DUI Field Sobriety Test gives law enforcement probable cause to arrest you for DUI. However, these tests are not foolproof, and many factors—like medical conditions, nervousness, or uneven pavement—can affect your performance.
Under A.R.S. § 28-1381, it is illegal to operate a vehicle if you are impaired to the slightest degree by alcohol or drugs. Even if you refuse to take a DUI Field Sobriety Test, you could still be arrested based on other evidence, such as the smell of alcohol, slurred speech, or erratic driving.
Hypothetical Scenarios
Scenario 1: A False Arrest Based on a Faulty DUI Field Sobriety Test
John, a 45-year-old construction worker, was driving home after a long shift in Goodyear. He was pulled over for having a broken taillight. The officer suspected John had been drinking and asked him to perform a DUI Field Sobriety Test.
Due to John’s physically demanding job, he had knee pain and struggled to complete the One-Leg Stand Test. The officer interpreted his difficulty as a sign of impairment. John was arrested under A.R.S. § 28-1381, even though he had not been drinking.
Later, John’s attorney at AZ DUI Pros argued that his medical condition affected his test performance, not intoxication. With medical records and expert testimony, the charges were dismissed.
Scenario 2: Failing a DUI Field Sobriety Test Due to Fatigue
Sarah, a nurse working the night shift, was driving home at dawn when she was pulled over for swerving slightly within her lane. The officer suspected she was intoxicated and asked her to take a DUI Field Sobriety Test.
Exhausted from her 12-hour shift, Sarah struggled with the Walk-and-Turn Test and stumbled slightly. The officer arrested her under A.R.S. § 28-1381, believing she was impaired.
At trial, Sarah’s lawyer from AZ DUI Pros presented evidence that fatigue, not alcohol, caused her poor performance. The breathalyzer results showed a 0.00% BAC, and the charges were dropped. If you’ve been arrested after failing a DUI Field Sobriety Test, call AZ DUI Pros at (602) 922-3755 for help.
How to Challenge DUI Field Sobriety Test Results in Court
Failing a DUI Field Sobriety Test doesn’t automatically mean you’ll be convicted of a DUI in Arizona. Many factors can affect a person’s ability to pass these tests, and law enforcement officers don’t always administer them correctly. If you’ve been arrested after failing a DUI Field Sobriety Test, there are multiple ways to challenge the results in court.
1. Questioning the Officer’s Administration of the Test
Arizona law requires officers to follow strict guidelines when conducting a DUI Field Sobriety Test. If an officer fails to properly instruct a driver or does not account for external factors like poor lighting or uneven pavement, the test results may be challenged. Bodycam or dashcam footage can provide evidence of any procedural errors.
2. Medical Conditions and Physical Limitations
Certain medical conditions can make it difficult for even a sober person to pass a DUI Field Sobriety Test. Balance disorders, knee or back injuries, neurological conditions, and even fatigue can cause poor performance. If you have a medical condition that impacted your ability to complete the test, your attorney can introduce medical records and expert testimony to dispute the results.
3. Cross-Examining the Officer’s Observations
Officers often cite subjective observations—such as “glassy eyes” or “slurred speech”—when making a DUI arrest. These descriptions are open to interpretation and may not necessarily indicate impairment. An experienced DUI attorney can cross-examine the officer in court and challenge whether their observations were biased or inaccurate.
4. Challenging the Test’s Scientific Validity
Studies have shown that DUI Field Sobriety Tests are not always reliable. The National Highway Traffic Safety Administration (NHTSA) found that even when administered correctly, these tests have a margin of error. A defense attorney can introduce research and expert testimony to show how external factors may have affected your test performance.
If you’ve been arrested after failing a DUI Field Sobriety Test, don’t assume your case is hopeless. Contact AZ DUI Pros at (602) 922-3755 to discuss how we can challenge the test results and fight for your rights.
Relevant Arizona DUI Laws (A.R.S. Statutes)
- A.R.S. § 28-1381 – Defines DUI and establishes penalties for impaired driving.
- A.R.S. § 28-1382 – Covers extreme DUI for BAC levels of 0.15% or higher.
- A.R.S. § 28-1385 – Explains Arizona’s implied consent law, requiring drivers to submit to chemical testing.
FAQs About DUI Field Sobriety Tests in Arizona
1. Can I refuse a DUI Field Sobriety Test in Arizona?
Yes, you can refuse a DUI Field Sobriety Test, but officers may still arrest you if they believe you are impaired.
2. Are DUI Field Sobriety Tests scientifically reliable?
Not always. These tests can be inaccurate due to medical conditions, nervousness, or environmental factors.
3. Can I be convicted of DUI if I pass a DUI Field Sobriety Test?
Yes. A DUI conviction can be based on other evidence, such as breathalyzer results or officer observations.
4. How can AZ DUI Pros help if I was arrested after failing a DUI Field Sobriety Test?
Our attorneys will examine your case, challenge the test results, and work to get your charges reduced or dismissed. Call us at (602) 922-3755 for a free consultation.
Conclusion
Failing a DUI Field Sobriety Test in Goodyear does not automatically mean you will be convicted of DUI. These tests are subjective, often unreliable, and can be influenced by factors unrelated to alcohol consumption. Arizona law allows for multiple defense strategies to challenge the results of a DUI Field Sobriety Test, from questioning the officer’s administration of the test to presenting medical evidence that explains poor performance.
If you or a loved one has been arrested after failing a DUI Field Sobriety Test, you need an experienced DUI attorney to fight for your rights. At AZ DUI Pros, we know how to challenge these tests, expose weaknesses in the prosecution’s case, and work toward the best possible outcome for you.
Don’t face DUI charges alone—AZ DUI Pros is here to help. Call us today at (602) 922-3755 for a free consultation and let us start building your defense.
