If you have been charged with driving under the influence (DUI) in the past, you might be familiar with field sobriety tests. There is also a good chance that you have seen the police administer field sobriety tests on TV or in the movies. Put simply, they are a series of physical tests, like standing on one leg, that are supposed to help law enforcement determine if a driver is impaired.
In Arizona, field sobriety tests are completely optional, which means that you don’t have to take them. If you do “fail” field sobriety tests, it is often possible to challenge them because police rarely administer them perfectly and in ideal conditions. Our Arizona DUI defense attorneys will analyze your case and determine if there is a basis to challenge the results of field sobriety tests in your case.
Matthew Lopez Law fights to protect the legal rights of clients charged with DUI, other alcohol charges, drug charges, and other criminal offenses. We have the experience and skill to know how to handle evidence that the state often uses to prosecute our clients, such as field sobriety tests and blood alcohol tests. Reach out to our law offices today to schedule a free initial consultation with an Arizona DUI lawyer.
What Are Field Sobriety Tests?
The National Highway Transportation Safety Administration (NHTSA) is a federal agency that is in charge of various aspects of highway safety. One of the ways that it does this is by issuing protocols and setting standards for police to utilize when administering field sobriety tests as part of a driving under the influence (DUI) investigation.
There are many different possible field sobriety tests, such as touching your fingers to your nose. However, 3 are considered reliable by the NHTSA and are used by law enforcement in Arizona:
- The horizontal gaze nystagmus test (HGN): Horizontal gaze nystagmus is an involuntary jerking of the eyes as they move to the side. Early onset of nystagmus (at or before a 45-degree angle) is seen as a predictor of impairment or a high blood alcohol content (BAC). To administer a HGN test, an officer will instruct you to follow a stimulus with your eyes to the left and right. The officer will then note the angle at which your eyes start to exhibit nystagmus. The NHTSA claims that when it is administered correctly, the HGN will accurately determine a BAC above the legal limit 88% of the time.
- The walk and turn test (WAT): The walk and turn test requires you to concentrate on mental and physical tasks simultaneously. To administer the test, a police officer will instruct you to take 9 heel-to-toe steps on either a real or imaginary line, pivot, and then take 9 heel-to-toe steps back. Any failure to do this test correctly, such as wobbling, using your arms for balance, or failing to touch heel-to-toe, is seen as a sign of impairment. The NHTSA claims that there is a 79% correlation between failing the WAT and having a blood alcohol level of 0.08% or higher.
- The one-leg stand test (OLS): This test also requires both physical and mental concentration. During the OLS, a law enforcement officer will instruct you to raise your foot about 6 inches off the ground, hold still, count (such as from 1001 to 1030), and look down at your foot. If you sway, use your arms to balance, hop, or put your foot down, the police officer may decide that you are impaired. According to the NHTSA, displaying 2 or more of these “clues” demonstrates impairment.
These three tests are referred to as standardized field sobriety tests. The NHTSA believes that these tests are reliable predictors of driver impairment when they are administered correctly.
Of course, the NHTSA’s statistics come from studies that were done in ideal conditions. Any type of adverse condition, such as rainy weather or an uneven surface, can skew the results. For this and other reasons, it may be possible to challenge field sobriety tests.
Is It Possible to Challenge Field Sobriety Tests in an Arizona DUI Case?
Field sobriety tests are much less accurate than the NHTSA claims because there are so many different factors that can impact the test. This means that it is very possible to challenge the results of field sobriety tests if you are charged with a DUI in Arizona.
First, there are many conditions that can affect your ability to perform field sobriety conditions. For example, if you are over the age of 60, overweight, or have an orthopedic issue, it may impact your ability to balance during the OLS test. Other issues that can affect the results of a field sobriety test include being sick and/or in pain, having inner ear problems, being nervous, or having brain damage or a mental health issue that makes it difficult to follow instructions.
Second, the clothes that you are wearing can affect your ability to perform field sobriety tests. This can include anything from wearing high heels to wearing baggy (or tight!) pants. If your clothes make it more difficult to balance, walk, or move, it can impede your ability to complete the tests properly.
Third, the police officer administering the test can do it improperly, which will affect your test results. For example, if the police officer walks around or distracts you while administering a test, the results may not be valid. If they give you improper instructions or don’t time the tests properly, that can also be an issue.
Fourth, environmental conditions can play a role in the accuracy of field sobriety tests. These tests are usually performed along the side of a road. The ground may be uneven or sloped, there may be bad lighting or bad weather, or you may be distracted by things like oncoming traffic or spectators.
There are many reasons why a person may perform poorly on field sobriety tests that have nothing to do with intoxication. You might be exhausted from working a long shift, sore from a tough workout, or dehydrated in the hot Arizona summer. All of these could be used as the basis to challenge a field sobriety test.
Of course, the best way to protect yourself is to not take the field sobriety tests. You are under no legal obligation to do so, and taking a field sobriety test will likely only hurt you. At the point at which a police officer asks you to perform these tests, they probably already think that you are intoxicated. All that they are doing is collecting evidence to use against you in a prosecution.
Keep in mind that Arizona does not require proof of a high blood alcohol concentration to charge someone with or convict them of a DUI. It is enough for the prosecution to show that you are impaired while operating a motor vehicle. Taking a field sobriety test gives them “proof” that you were impaired, even if your BAC was below the legal limit of 0.08%.
If you have already taken field sobriety tests, our seasoned Arizona criminal defense attorneys will review your test results and videos of the interactions to determine how we can challenge them. We will fight to protect your rights and get you the best possible outcome.
Charged with an Arizona DUI? We Can Help.
Although field sobriety tests aren’t mandatory, most police officers won’t tell you that. Instead, they will often pressure you into taking the tests so that they can use the results to arrest you. If you were charged with a DUI, we can defend you, which may include challenging the results of your field sobriety tests.
Matthew Lopez Law advocates for people charged with driving under the influence in Arizona. We will thoroughly review the results of your field sobriety tests and other evidence to put together a strong defense to the charges against you. To learn more or to schedule a free consultation with an Arizona DUI defense lawyer, contact our law firm today at 480-608-9998 or fill out our online contact form.