Scottsdale Field Sobriety Test Lawyer

Field Sobriety Test Attorney in Scottsdale, AZ

If you are driving home from a night out with friends, you may worry about being pulled over, given Arizona’s stringent DUI laws. You may be wondering about the consequences of refusing a field sobriety test and what you should do if you are pulled over on suspicion of a DUI. This is where a Scottsdale field sobriety test lawyer can help. 

Field sobriety tests were designed to assess possible impairment and are administered at the roadside by a law enforcement officer. The fact is, field sobriety tests are often inaccurate and do not take into consideration factors such as the subject’s potential disabilities that may impact their ability to perform the test, making these tests highly subjective.

At Davidson Criminal Defense & DUI Law Firm, we’ve been working for the rights of Scottsdale citizens in DUI cases since 2005. Our team of dedicated lawyers will review your case, whether you completed a field sobriety test or not, and advocate for you at the Scottsdale Municipal Court, the Justice Courts, and the Superior Courts, depending on the nature of your case and where you were arrested. 

What Is a Field Sobriety Test?

In Arizona, the standardized field sobriety test, according to the National Highway Traffic Safety Administration, comprises three approved tests:

• The Horizontal Gaze Nystagmus test. This examines involuntary jerking of the eyes as the subject looks forward and then follows a stimulus, like a raised finger or a pen, as it moves from left to right or up and down. The premise of this test is that alcohol or drug use impairs the tracking ability of the eyes. 
• The walk-and-turn test. This test involves having the driver take nine steps in a straight line, heel-to-toe, perform a three-point turn, and then return the same way. The law enforcement officer assesses whether the subject can follow instructions and perform the test without losing balance.
• The one-leg stand. The driver is instructed to stand on one leg while raising the other foot six inches off the ground for a total of 30 seconds. The officer assesses balance and coordination with this test. 

There are additional tests an officer may perform to assess impairment, but any law enforcement officer must have the driver’s consent before conducting these tests. If a driver consents to the test and fails, their failure can be used against them as evidence for a DUI.

Can I Refuse to Do the Field Sobriety Test?

Yes. You have the right to refuse. Unlike the chemical test or breathalyzer, which can carry heavy penalties if you refuse to comply, the field sobriety test is not mandatory. Legally, it is advisable to avoid performing a field sobriety test, as the results are not always accurate, and the objectivity of the officer performing the test is not guaranteed.

While the prosecutor in a DUI case can use your refusal to submit to a field sobriety test against you to imply guilt, your attorney can argue a rebuttal because very few people can pass these tests sober, much less impaired.

Field sobriety tests will always be used by the prosecution as evidence of impairment. Therefore, it is in your interests to only submit to the chemical test if ordered to do so, and politely refuse the field sobriety test. When you refuse a field sobriety test, you are protecting yourself from unfair prosecution.

Hire a Field Sobriety Test Lawyer to Argue Your Case

Sometimes, refusing to submit to a physical field sobriety test can lead to your arrest, even though it is your legal right to refuse to perform these tests in Arizona. Despite the consequences and possible penalties, it’s better to risk arrest than to submit to these tests, due to their subjective nature and the margin for error.

Even if you refuse the tests, the officer may still argue for probable cause for your DUI arrest if they smell alcohol or notice other signs of impairment, like slurred speech. In 2024 alone, Maricopa County reported 447 DUI-related arrests. 

It’s vital after being released that you contact an attorney, who can prepare an effective defense for your reasons for refusal and advocate on your behalf with the courts.

The team at Davidson Criminal Defense & DUI Law Firm has decades of experience serving the citizens of the Phoenix Metropolitan area, including Scottsdale. We will argue against unfair sobriety assessments, helping to reduce your charges and any associated penalties.

FAQs

How Much Does a DUI Attorney Cost in Arizona?

Attorney fees depend on several factors, including the experience level of the attorney, the complexity of your case, and how many hours it takes until your field sobriety test case, or DUI case, is resolved. Some attorneys charge an hourly rate and require a retainer fee up front, which is discussed during the initial consultation.

Can You Decline a Field Sobriety Test in Arizona?

Yes, while you can legally decline field sobriety testing, you’ll likely be arrested, as this gives law enforcement more probable cause for a DUI charge. It is generally more acceptable with law enforcement for you to decline the physical testing, while refusing a breathalyzer test triggers more serious penalties due to the state’s implied consent laws. 

Can I Avoid Jail Time for a First-Time DUI in Arizona?

Arizona has some of the strictest laws against DUI offenders, as one of the top-five states with the highest population-adjusted rate of fatalities in the United States. All first-time DUI convictions in Scottsdale are subject to at least 10 days in the Maricopa County jail, and other stiff penalties, as well as mandatory community service. For this reason, it’s important to hire a field sobriety test lawyer who can create a compelling defense case on your behalf. 

Is Refusing a Breathalyzer Worse Than Getting a DUI?

In Arizona, refusing a breathalyzer test carries severe penalties, including mandatory license suspension for twelve months, even if you weren’t drinking at all. While a breathalyzer test is firm, convincing evidence for a DUI, a skilled attorney who knows Arizona’s DUI laws can argue your case, helping to reduce your sentence and the associated penalties. 

We Know Arizona DUI Law

At Davidson Criminal Defense & DUI Law Firm, we understand how stressful it is to be pulled over for a suspected DUI. If you are facing arrest as a result of refusing to submit to a field sobriety or breathalyzer test, or you’re fighting another DUI charge, we’re here to help. Contact us today to schedule your free consultation with a Scottsdale field sobriety test lawyer.