News

What Kinds of Field Tests are There?

In Arizona, officers have the right to not only arrest inebriated individuals based on suspicion alone, they can also assign non-standard field tests. Luckily, most of these tests won’t draw much support in court and rarely play any role in court proceedings. Some of these tests can require you to count backwards from 1,000 or recite the ABCs backwards. Others are more complicated and almost always set participants up for failure. These include the “Hand Pat” test, which requires drivers to place one palm on top of the other and perform alternating gestures, and the Finger-to-Nose test.

Imagine driving late one night with your family. The kids have kept you up, or maybe you’ve been arguing with your spouse, and all of a sudden you see lights flashing behind you. An officer pulls up to the car to warn you that one of your brake lights just went out and notices your exhaustion. He mistakes this for possible inebriation and asks you to step out of the car —do you know what to do next?

What Happens if You’re Charged?

Arizona has some of the strictest alcohol policies in the nation —and the repercussions for DUIs are no exception. If you’re sentenced with your first DUI you could face up to 6 months in jail, and even $2,500 in fines. Plus you’ll be facing a Class 1 Misdemeanor on your permanent record. That charge can couple up with another DUI received up to 7 years ago, and advance your penalties.

At the very least, for your first offense you’ll be looking at a 90 day license suspension, the installation of an ignition interlock device, and mandatory alcohol and substance abuse training —so this is nothing to joke about.

In Arizona, if you’re under 21 and have any amount of alcohol in your system you’re getting a DUI. If you’re over 21, the legal limit is a BAC of 0.08% but even then the laws can be tricky. Technically, an officer can arrest you if they feel you are impaired at any level, under the influence of substances, or any amount of alcohol. This can put a lot more on the line with field sobriety tests, and they’re nothing to mess around with.

What Kinds of Field Tests are There?

In Arizona, officers have the right to not only arrest inebriated individuals based on suspicion alone, they can also assign non-standard field tests. Luckily, most of these tests won’t draw much support in court and rarely play any role in court proceedings. Some of these tests can require you to count backwards from 1,000 or recite the ABCs backwards. Others are more complicated and almost always set participants up for failure. These include the “Hand Pat” test, which requires drivers to place one palm on top of the other and perform alternating gestures, and the Finger-to-Nose test.

If an officer is asking you to step out of the car and perform a field sobriety test they’re essentially asking you to confirm their suspicions. Most applicants are doomed no matter their results simply because of the officer’s preconceptions about the situation, and being nervous doesn’t help either. Every test is performed on the notion of probable cause, and pretty much sets the driver up for failure.

What are the Standard Field Sobriety Tests?

In Arizona, there are only three standard FSTs. The test used is chosen at the officer’s discretion, but the three standard tests are the Horizontal Gaze Nystagmus, Walk and Turn, and the One-Leg Stand. The Horizontal Gaze Nystagmus (or HGN) requires the driver to follow a moving object like a pen or pencil, using only their eyes. If they turn their head, the officer can use this as probable cause, and revoke their driver’s license.

The Walk and Turn test is pretty standard. The driver is asked to take nine steps forward, and then walk nine steps back, usually on a fixed line. This may be combined with a heel to toe test, where drivers will be asked to walk nine steps with their feet touching on every step, and depending on your shoes, nerves, or eyesight you may stumble along the way. One fumble and you’re out, you’ve failed.

Finally, the one-leg stand is probably the most outlandish. Here the driver must stand still with one leg suspended about 6 inches in the air. Some officers will ask the driver to count silently for 30 seconds and put their leg down when they reach 30, and others will have the driver stand still for an indefinite amount of time. Drivers are often asked to close their eyes and tilt their head back, making this a difficult pose for anyone sober or inebriated.

What Happens if I Fail the Test?

If you fail the test the officer can arrest you on probable cause. Even if you decide to fight the charge, they can use this failure as evidence against you in court. If the courts decide this failure is enough evidence to proceed, you could be facing a conviction.

With such wildly unreliable and subjective tests at stake, there’s no reason to risk your license if you know you’re not driving under the influence. In Arizona you have the right to refuse a field sobriety test, and opt for a chemical test instead. These results will be much more reliable, and make no room for an officer’s assumptions.

How to Refuse a Field Sobriety Test

What people don’t realize is that these field sobriety tests are completely voluntary. It’s normal to get nervous when you get pulled over, and in your attempt to comply with the officer you might set yourself up for failure. Instead, you can opt out of a field sobriety test and proceed with an alternative test.

You might choose instead to take the roadside breathalyzer, but be warned that even this is less reliable than the one at the station. Refusing to take a field sobriety test, and roadside breathalyzer reading may result in your arrest —but this will just mean you have to go to the station to complete another breathalyzer, urine, or blood test. These exams guarantee the most legitimate results, so if you have the time and know you’re not in the wrong, don’t be afraid to proceed.

If you refuse to move forward with any of these exams, and have already turned down a field sobriety test, the officer has the right to revoke your license. In most cases this can lead to a 12 month license suspension, so its imperative you comply with the chemical tests if you choose this route of action. With confident legal aid you can fight the charge in court if you’ve refused every test, but your refusal is a huge signifier of probable cause so be careful. In addition, your license won’t be reinstated until your name is cleared. Refusing a field sobriety test is a smart, natural course of action, but refusing all tests altogether is not a risk worth taking.