Field sobriety tests are physical agility tests that have proven to be extremely unreliable and have been the subject of a lot of controversy over the years. A field sobriety test is designed to test your “divided attention” in order to determine if you may be under the influence of alcohol or drugs. Several factors can affect the results of these tests such as weight issues, vision problems, physical ailments, etc.
If you are pulled over for suspected DUI (driving under the influence), you have the right to refuse field sobriety testing. Regardless of whether or not you participated in any type of field sobriety test, a Phoenix DUI attorney at Beauchamp Law Office P.C. can still help and work to dispute and challenge the validity of these field sobriety tests and there results in an effort to have them dismissed from your Phoenix DUI case.
Law enforcement may ask you to perform one or all of the following field sobriety tests if you are under suspicion of DUI:
The law enforcement officer will position an object approximately 12 inches from your face and move the object from side to side. While performing this action, the officer will watch your eyes for any involuntary jerking or trembling of your eyeball. If your eyeballs demonstrate any jerking or trembling that is considered signs that you are under the influence of drugs or alcohol.
The officer will ask you that you take nine heel-to-toe steps in a straight line on a flat surface. You then be asked to turn and take nine heel-to-toe steps back. The officer may ask you to repeat several times. Law enforcement is reviewing your ability to balance steadily, follow instructions, and leave space between your heel and toe, while evaluating if you step off the line or lose balance while turning.
Law enforcement will instruct you to stand with your heels together and arms at your side. You will then be asked to raise one leg six inches off the ground while counting out loud until told to stop. Law enforcement is watching closely for tremors of the body, arm raising, putting your foot down, swaying of the body, muscle tension, hopping, inability to stay on the line, or turn without losing your balance.
Other field sobriety tests may be asked to be performed such as the finger to nose test, Rhomberg balance test, hand clapping, finger tapping, counting backwards, or reciting the alphabet. You may also be asked to perform a Preliminary Breath Test, also known as the PBT test, a portable breath test used to determine the presence of alcohol. Failure to accurately perform a field sobriety test can result in arrest for driving under the influence and confiscation of your Arizona State driver’s license.
If arrested for driving under the influence after performing field sobriety tests, an experienced Phoenix DUI defense lawyer can protect your legal rights. At Beauchamp Law Office P.C., we offer exceptional legal guidance and representation for drivers accused of DUI in and around the Maricopa County cities of Phoenix, Glendale, Mesa, Scottsdale and Chandler, Arizona. We understand the issues surrounding field sobriety tests and have proven ability to challenge these tests leading to many results being dismissed entirely. Under certain circumstances, dismissal of field sobriety test results can lead to DUI charges being dropped for lack of evidence.
Facing a felony DUI? Contact a Phoenix DUI attorney at Beauchamp Law Office P.C.!
