During an Arizona DUI stop, most police officers will use a set of five-to-six common tests called Field Sobriety Tests (FST). Even the Best Arizona DUI lawyers differ on opinions as to whether you should agree to take these tests when stopped by an Arizona DUI police officer for suspicion of drunk driving.
One thing that top Arizona Criminal Defense and DUI attorneys do agree on, is that you should in the least become familiar with FST and know the consequences of both submitting or refusal of the FST.
The Arizona FST is a battery of tests that include heel-to-toe, finger-to-nose, one-leg stand, eye test called "horizontal gaze nystagmus" test, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat and others.
Many Arizona DUI Attorneys will tell you that you should not agree do the Arizona DUI Field Sobriety Tests. Those attorneys recommend that you politely refuse to take them. It is true that Arizona DUI laws do not require you to take any of the Field Sobriety Tests (FST).
However, you should know that if you refuse, you may be arrested on the spot for DUI in Arizona. Your refusal to take the FST may be used against you as evidence by the Arizona DUI prosecution if you decide to challenge your Arizona DUI and go to trial. The tests and refusal are both used as additional evidence by the police to build its case against you. The prosecution will try to make the Jury believe that you didn't take the tests because you knew you were drunk and would fail them. That fact is that the FST usually only hurt your Arizona DUI defense. It is expected that you perform them perfectly. However, that is a feat many completely sober people can't even accomplish. It is difficult to provide contradictory evidence because many Arizona police do not videotape your performance of the Arizona DUI FST.
If you have consumed alcohol, the FST will serve only to build a case of Arizona drunk driving against you. But you decline to take the FST, then you most likely get an Arizona DUI arrest, get handcuffed, have your car impounded, be taken to the police station, have your blood drawn (required) and face a court date for your Arizona DUI. Bottom line, only you can make the decision based on your own set of circumstances.
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