Phoenix DUI Lawyer Blog

If you have been charged with a DUI in Arizona, you should consult an Arizona DUI lawyer. When hired, an experienced Arizona DUI Attorney will gather and evaluate all the evidence. Based on the facts, he or she will determine what defense can be used in your case. A common defense utilized is Improper Administration of a Field Sobriety Test (FST). It is not unusual for the police officer to administer it incorrectly. A variety of reasons may also exist causing a person to perform poorly in absence of being under the influence of alcohol or drugs.

The National Highway Traffic Safety Administration (NHTSA) has established standardization guidelines regarding the administration of an FST in order for the results to be valid. Any non-standardized field tests performed by the officer, are invalid Arizona, unreliable, and can be challenged as evidence. (Neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, saying the alphabet, or counting backwards, as valid field sobriety tests.

Standardize testing may include the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and the One Leg Stand. NHTSA has set forth guidelines regarding Field Sobriety Tests (FST). The tests should not be given if the suspect:

1) is 50 pounds or more overweight;
2) is 65 years of age or older;
3) has any back, hip, leg, knee, or ankle injuries o has any disability effecting balance (past head injuries); and/or;
4) is wearing shoes with heels two (2) inches or higher.

Your attempting to do the FST is voluntary and you can refuse to do any of the field sobriety exercises mentioned above. Police attribute poor performance to possible intoxication and few people can perform the tests perfectly. Police tend to score and report your performance on the FST toward you being DUI, without taking into account the interest of Officer, nervousness, unnatural tasks, poor instruction for field sobriety test, and unfavorable conditions of environment.

So if you should fail an FST, do not fear the worse, that you will be charged with an Arizona DUI. Instead, try to remain as calm and polite as possible (easier said than done). Remember, that is just the beginning. Only an experienced Arizona DUI Lawyer can tell you what defenses you may have, to get your case dismissed, and avoid an Arizona DUI conviction, penalties, fines, and incarceration.