Can I Refuse a Field Sobriety Test in Arizona?

If you've been pulled over in Arizona and an officer suspects you've been drinking, you might wonder about your rights when it comes to field sobriety tests. These are the physical tests officers use at the roadside, like walking in a straight line or standing on one leg.  Under Arizona law, you have the right to refuse field sobriety tests without automatic penalties to your license.

Understanding your rights during a traffic stop can help you make informed decisions in stressful situations. While you can legally decline these roadside tests, be aware that an officer may still have other reasons to arrest you if they suspect impairment. Your refusal might actually give your defense attorney more options later if you end up facing DUI charges.

Remember that field sobriety tests differ from chemical tests (like breathalyzers or blood tests), which do carry penalties for refusal under Arizona's implied consent laws. Many drivers confuse these different types of tests, leading to misunderstandings about their rights during a traffic stop.

Key Takeaways

• You have the legal right to refuse field sobriety tests in Arizona without automatic license suspension.
• Refusing roadside tests may limit evidence against you, but officers can still arrest you based on other observations.
• Chemical test refusals (breath, blood, urine) carry different consequences, including potential one-year license suspensions.

Understanding Field Sobriety Tests in Arizona

Field sobriety tests are tools police officers use to check if a driver might be impaired. In Arizona, these tests are voluntary, though many drivers don't realize they can refuse them.

What Are Field Sobriety Tests?

Field sobriety tests (FSTs) are a set of physical and mental challenges that police officers use during traffic stops to check for signs of impairment. These tests help officers determine if there's probable cause to arrest you for driving under the influence (DUI).

FSTs are designed to assess your balance, coordination, ability to follow instructions, and eye movements - all of which can be affected by alcohol or drugs.

Unlike chemical tests (blood, breath, or urine), FSTs are subjective and rely on the officer's judgment. This means the results can be influenced by many factors unrelated to alcohol, such as:

• Medical conditions
• Physical disabilities
• Nervousness
• Weather conditions
• Uneven road surfaces
• Inappropriate footwear

Types of Field Sobriety Tests

Police officers in Arizona typically use three standardized field sobriety tests approved by the National Highway Traffic Safety Administration:

1. Horizontal Gaze Nystagmus (HGN)

• Officer moves an object (usually a pen) horizontally in front of your eyes
• Checks for involuntary jerking of the eye
• Most scientific of the three tests

2. Walk-and-Turn (WAT)

• You must take nine heel-to-toe steps along a straight line
• Turn using a specific method
• Return with nine more heel-to-toe steps

3. One-Leg Stand

• You must stand on one leg
• Hold the other foot approximately 6 inches off the ground
• Count aloud until told to stop (typically 30 seconds)

Officers may also use non-standardized tests like reciting the alphabet, counting backward, or touching your nose with your finger.

Arizona's Legal Stance on FSTs

In Arizona, you have the legal right to refuse field sobriety tests without direct penalties. Unlike chemical tests, where refusal can result in automatic license suspension, declining FSTs has no immediate administrative consequences.

However, refusing these tests doesn't mean you'll avoid arrest. If an officer has other reasons to suspect impairment (alcohol odor, slurred speech, etc.), they can still arrest you.

Your refusal can be mentioned in court, but it cannot be used as evidence of guilt. Police must inform you that FSTs are voluntary, but this doesn't always happen during stops.

Many DUI defense attorneys suggest politely declining FSTs since these tests are often difficult to pass even when sober. The officer will likely proceed to request a chemical test, which falls under Arizona's implied consent laws.

The Right to Refuse Sobriety Testing

Arizona law gives drivers certain rights when it comes to sobriety testing during traffic stops. Understanding these rights can help you make informed decisions if you're ever pulled over and suspected of driving under the influence.

Refusal of Field Sobriety Tests

In Arizona, you have the legal right to refuse field sobriety tests (FSTs). These tests include walking in a straight line, standing on one leg, or following an object with your eyes. They are subjective assessments used by officers to establish probable cause for a DUI arrest.

You can politely decline to perform these tests without legal penalty specific to the refusal itself. Some attorneys actually recommend refusing FSTs because they can sometimes be difficult to perform even when sober.

Refusing may limit the evidence an officer can gather against you. However, be aware that an officer may still arrest you based on other observations like the smell of alcohol, slurred speech, or erratic driving.

Consequences of Refusing an FST

Refusing a field sobriety test doesn't carry the same penalties as refusing a chemical test. There is no automatic license suspension for declining to walk a line or stand on one leg.

The officer might use your refusal as part of their probable cause determination. They may note your refusal in their report, which could be interpreted as consciousness of guilt.

In some cases, refusing might actually benefit your defense strategy. Without FST results, prosecutors have less evidence to work with in court.

However, refusing an FST often leads directly to a request for a chemical test. The officer may also proceed with an arrest based solely on their observations and other evidence.

Implied Consent and Chemical Tests

Unlike field sobriety tests, chemical tests (breath, blood, or urine) fall under Arizona's "implied consent" law. When you get a driver's license in Arizona, you automatically consent to chemical testing if arrested for DUI.

Refusing a chemical test after arrest triggers serious consequences. Your license will be suspended for one year for a first refusal within a seven-year period. This suspension is administrative and happens regardless of whether you're eventually convicted of DUI.

You must be aware of the distinction between field tests and chemical tests. You can legally refuse the former without direct penalties, but not the latter.

After refusing a chemical test, you have only 15 days to request a hearing with the Motor Vehicle Division to contest the suspension. Acting quickly is essential to protect your driving privileges.

Navigating Legal Support and Representation

Having proper legal guidance is crucial when facing DUI charges in Arizona, especially after refusing field sobriety tests. A skilled attorney can help you understand your rights and develop a strong defense strategy.

Seeking Legal Advice

When dealing with DUI charges after refusing a field sobriety test, consulting with an experienced DUI attorney should be your first step. A lawyer like James E. Novak can explain the potential consequences of your refusal and how it might impact your case.

It's important to seek legal advice as soon as possible after your arrest. Early intervention allows your attorney to gather evidence while it's still fresh and potentially identify procedural errors in your case.

Many DUI attorneys offer free initial consultations. During this meeting, you can discuss the details of your case, including your refusal of field sobriety tests and any chemical tests you may have taken or refused.

Role of a DUI Attorney

A specialized DUI attorney serves as your advocate throughout the legal process. They will review police reports, analyze testing procedures, and identify potential violations of your rights.

Your attorney will handle all communications with prosecutors and the court, protecting you from making statements that could harm your case. They'll also guide you through DMV hearings regarding potential license suspension.

DUI defense attorneys understand the science behind sobriety testing and can challenge the reliability of any tests you did take. They can also explain how your refusal of field sobriety tests might be portrayed by the prosecution and how to counter those arguments.

Strategies for Defense

Your defense attorney will develop strategies specific to your case circumstances. If you refused field sobriety tests, they might argue this was within your rights and doesn't indicate guilt.

Common defense approaches include:

• Challenging the legality of the initial traffic stop
• Questioning the officer's observations and training
• Presenting alternative explanations for physical symptoms attributed to intoxication
• Highlighting the subjective nature of field sobriety tests

Your attorney might negotiate for reduced charges, especially if this is your first offense. They can also seek alternatives to jail time, such as treatment programs or community service.

In some cases, your lawyer may advise fighting the charges at trial, particularly if there are clear procedural errors or constitutional violations in your case.

Hiring a DUI Lawyer in Arizona

If you're facing DUI charges after refusing a field sobriety test, hiring a specialized DUI lawyer is crucial. Arizona DUI laws are complex, and professional legal guidance can make a significant difference in your case outcome.

A good DUI attorney can explain how your field sobriety test refusal might affect your case. They can argue that you were simply exercising your civil liberties rather than admitting guilt.

When selecting a lawyer, look for someone with specific experience in Arizona DUI cases. Experience with field sobriety test refusal cases is particularly valuable.

What to look for in a DUI lawyer:

• Experience with Arizona DUI laws
• Track record of successful defenses
• Knowledge of field sobriety test procedures
• Familiarity with local courts and prosecutors

Most DUI attorneys offer free initial consultations. Use this opportunity to assess their understanding of your situation and their communication style.

Remember that timing matters. Hiring a lawyer quickly after your arrest gives them more time to build your defense and potentially challenge evidence.

Legal fees vary based on case complexity and the attorney's experience. Many lawyers offer payment plans to make representation more accessible.

Don't hesitate to ask potential attorneys about their strategy for handling your specific case, particularly regarding your field sobriety test refusal.