When pulled over based on suspicion of driving under the influence (DUI) in Arizona, an officer may request that you submit to a roadside test. The objective is to screen impaired drivers as an initial test. The National Highway Traffic Safety Administration (NHTSA) has three approved roadside tests:
These tests are not mandatory and an officer must have the driver’s consent to administer one.
Field sobriety tests can be hard to pass even for individuals who are not intoxicated. If the test is not successfully passed, law enforcement will use this to build their case against you as incriminating evidence.
These tests have been around for more than 40 years without being updated, even though they have a history of inaccuracies. They do not offer the versatility needed for different individuals and their particular situations.
For these reasons, DUI attorneys often suggest that you politely refuse to submit to these tests. At Reque Law Firm, PLLC, we offer guidance and suggestions pertaining to all aspects of a DUI case. Call us to discuss your case today.
Can I refuse a field sobriety test when pulled over for DUI?
If you are stopped by a police officer based on suspicion of driving under the influence, the law enforcement officer will request that you take a field sobriety test. There are definite reasons to refuse the test and in most cases, they are voluntary. Just because the officer has made a request does not mean that you are required to submit.
Refusing to take a test can be seen as an admission of guilt, but in most cases, it is still in your best interest. With help of an experienced DUI attorney in Scottsdale, we can help you avoid the ramifications of the refusal.
Do sober individuals typically pass field sobriety tests?
Although a sober individual may be able to pass a field sobriety test better than one who is intoxicated, many are still unable to pass. In some cases, sober participants of these tests have been falsely arrested from failing. For this reason, it may be in your best interest to politely refuse to take a field sobriety test.
How do police officers judge whether you pass or fail?
When it comes to field sobriety tests, there is no set standard for determining whether the participant has passed or failed. As a subjective test, the officer uses his or her judgement to determine whether the driver is showing signs of intoxication.
Typically, when an officer is judging a driver’s performance on a roadside test, they do not take into consideration such as the driver’s emotional stress nor weather, traffic, or lighting conditions.
If you have further questions, feel free to speak with an experienced Scottsdale DUI attorney. We will take into consideration the details related to your case and the roadside test. Contact us today for assistance building a powerful case.