{"id":48865,"date":"2022-07-07T11:34:24","date_gmt":"2022-07-07T15:34:24","guid":{"rendered":"https:\/\/ciccarellilawoffices.kinsta.cloud\/arizona\/?p=48865"},"modified":"2022-07-07T11:34:39","modified_gmt":"2022-07-07T15:34:39","slug":"does-refusing-a-field-sobriety-test-hurt-your-dui-defense","status":"publish","type":"post","link":"https:\/\/ciccarelli.com\/arizona\/does-refusing-a-field-sobriety-test-hurt-your-dui-defense\/","title":{"rendered":"Does Refusing A Field Sobriety Test Hurt Your DUI Defense?"},"content":{"rendered":"

If you are driving anywhere in Arizona and pulled over on suspicion of drunk driving, it is very likely that the police officer will ask you to conduct a field sobriety test. You should refuse to do so. You can be sure that a police officer is going to tell you that but refusing the field sobriety test, they are sure you are drunk. They will try to convince you that anyone, including a jury, will think you were intoxicated if you do not take the field sobriety test. However, there are certain things that you need to know about consenting to these field sobriety tests, as well as why you should refuse any of these tests if you were pulled over on suspicion of DUI. Speak to a criminal defense lawyer in Chandler<\/a> to learn more.\u00a0<\/span><\/p>\n

Your Rights When Pulled Over Under Suspicion of Drunk Driving<\/span><\/h2>\n

If a police officer asks you to take a field sobriety test, you absolutely have the right to refuse, and you should. First, these tests were designed for you to fail. They are certainly not 100% accurate – far from it. Even completely sober individuals can fail a field sobriety test, particularly if they have any type of disability or coordination problem.<\/span><\/p>\n

However, field sobriety tests are what police officers often use as a basis for their DUI arrests, or at least to get them to the point of asking for a chemical test from an individual. The most common field sobriety tests include standing on one leg for a count of 30 seconds, a horizontal gaze test, and a walk and turn test on a straight line.<\/span><\/p>\n

Nine times out of 10, a police officer is going to tell you that you are required to take one of these field sobriety tests, but this is simply not true. The only test that you are required to take is a chemical test, and this only applies if you have been arrested under suspicion of drunk driving.<\/span><\/p>\n

When you take a field sobriety test, every decision that is made will happen at the police officer’s subjective discretion. Any slight deviation from the test requirements could result in the officer arresting you and therefore requiring you to take a chemical test. They will look for a reason to arrest you.<\/span><\/p>\n

However, if you refuse the field sobriety test, this means that the police officer cannot use the test results in order to arrest you. This does not mean that you will not be arrested at all, but it gives them one less option to use when determining whether or not to make an arrest.<\/span><\/p>\n

When refusing a field sobriety test, you need to be polite and cooperative. You do not have to be rude about it, but you should refuse.<\/span><\/p>\n

Will You Lose Your License for Refusing a Field Sobriety Test?<\/span><\/h2>\n

In the state of Arizona, refusing to perform a field sobriety test will not mean that you lose your driver\u2019s license. However, if you refuse field sobriety tests, it is very likely that the police officer is going to ask you to take a chemical test. This can include a:<\/span><\/p>\n