Phoenix Field Sobriety Test Attorney
Arrested after roadside field sobriety testing? Call the firm now.
Police officers are authorized to stop drivers suspected of driving under
the influence of drugs or alcohol. Once you are stopped, you will be asked
to perform one or more field sobriety tests. Unlike
blood & breath tests, you are not legally obligated to submit to a field sobriety test, and
although you will not be punished for refusing, the situation can be dangerous
with regard to officers believing you are under the influence or proceeding
to ask you to take a breath or blood test, which you are required to take
under state law.
If you have been arrested for DUI after field sobriety tests were administered,
Joshua S. Davidson, a prominent Phoenix criminal defense attorney and
former prosecutor, knows it is important to challenge these test results.
These tests are highly subjective, often wrongly administered and the
results are based upon the officer's opinion on how well you performed
the tests. They are administered to gain more probable cause to arrest
you, and for the decision to stop you in the first place. It isn't
recommended that you cooperate in taking field sobriety tests, but if
you did, it is possible to challenge the administration of the tests and
the subsequent DUI arrest.
Field Sobriety Testing and DUI Charges in Phoenix
The National Transportation Safety Administration has recognized three
standardized tests that police officers most often administer. The officers
are not restricted by these three tests and can choose to request that
you perform other actions. Field sobriety tests are stressful and the
results can be inconclusive, as many other factors other than alcohol
intoxication can lead to failing any one of the tests.
The three tests include:
- The horizontal gaze nystagmus test – the officer will watch your
eyes while you follow a light.
- A walk and turn test – the officer will direct you to walk in a straight
'heel to toe' line and then turn around.
- A one leg stand – the officer will direct you to stand on one leg,
lift the other off the ground and count while he times you for 30 seconds.
Nervousness, roadside conditions, medical issues and prescription medications,
age or pure nervousness can hinder the ability to perform these tests.
For example, seizure medication can influence the tracking ability of
the eye, and failing the horizontal gaze nystagmus test.
Contact us to find out how we can help you defend DUI charges. The initial evaluation
will give us the information we need to advise you on the strategy for
your defense, including challenging the administration and results of
field sobriety testing.