Field sobriety tests (FSTs) are commonly used by law enforcement as preliminary assessments to establish probable cause for DUI arrests. If you find yourself being asked to perform such tests, understanding your rights is crucial.
The Standardized Field Sobriety Test (SFST) includes three primary components: the Horizontal Gaze Nystagmus (HGN), the One-Leg Stand, and the Walk and Turn tests.
Horizontal Gaze Nystagmus (HGN): The officer observes the eyes of a suspect as they follow a horizontally moving object like a pen or flashlight, looking for involuntary jerking of the eye which can be exaggerated by impairment.
One-Leg Stand: The suspect is asked to stand on one leg about six inches off the ground and count for 30 seconds. Signs of impairment might include swaying, using arms to balance, hopping, or putting the foot down.
Walk and Turn: This test involves walking nine heel-to-toe steps along a straight line, turning on one foot, and returning in the same manner. Indicators of impairment include incorrect step counting, missing heel-to-toe contact, and loss of balance.
Field sobriety tests are voluntary in many jurisdictions, including Arizona. You have the right to refuse these tests without direct legal penalties, such as fines or additional charges. However, refusal can be used by an officer to justify further investigatory measures, such as a breathalyzer test, and may be cited as evidence of impairment in court.
Refusing to perform field sobriety tests might lead law enforcement to seek other evidence of DUI, including breath or blood tests. It's important to remember that while FSTs are less invasive, they are also highly subjective and can be challenging to perform under stress, even for sober individuals.
If you've been arrested for DUI based on the results of field sobriety tests, it's critical to seek legal representation immediately. A qualified Scottsdale DUI lawyer can challenge the administration and results of these tests. Our firm can review any available video evidence of the FST and the circumstances of your arrest to contest the charges effectively. Mistakes in test administration, improper instructions, or environmental factors can all undermine the reliability of FST results and be used in your defense.
Contacting a knowledgeable DUI attorney who understands the nuances of DUI law and field sobriety testing procedures is essential. At the Law Offices of Randall J. Craig, we are prepared to rigorously defend your rights and argue against any procedural errors or questionable evidence used in your DUI charge.
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Scottsdale, AZ 85255
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