Some tests are fair and some tests are not. When it comes to DUI testing, Arizona field sobriety tests are just such tests. Unfortunately, these tests are often at the heart of the prosecution’s case when trying someone for DUI. If you have been arrested and charged with a DUI in Arizona and failed field sobriety tests, we have information that may help you win your case.
Some Tests are Meant to Fail
The fact is field sobriety tests are difficult for anyone to pass, not just someone that may have had a few too many alcoholic beverages at happy hour. Have you ever tried to walk a straight line when you were dead sober? How many times did you fall off the line when doing so? Do you really think it will be easier to pass a test such as this on the side of the road with an officer looming over your every step?
In ideal settings, these tests would be difficult for anyone to pass. Well, what if you are stopped in the middle of the winter with snow and ice on the ground? What if it has just rained and the roads are slick? What if you have a medical condition, such as vertigo, and it throws off your balance? For any of these reasons, you may be thrown off and fail the test. For this, you are taken into custody, booked, and charged with DUI. It just does not seem very fair, and it is not!
Do not take the Arizona Tests!
Unlike chemical tests that are conducted once you are in custody, you can refuse to take field sobriety tests. You can also refuse to take a breathalyzer test conducted on the road. When you think about it, it really makes no sense at all to take these tests because doing so only gives the prosecution more evidence to use against you when the case goes to trial. Be courteous, explain that you do not wish to take the tests, and the officer cannot make you, period.
Some will make the argument that this will look bad when the case goes to court. This may actually be true, initially, but that is why you hire a DUI attorney. An attorney will have access to past cases and can refute the tests on bias. He or she can also argue the fact that these tests are designed to incriminate anyone taking them, not just someone that has been drinking.
Hiring an Arizona DUI Attorney
If have you have already been charged and failed the field sobriety tests, you are going to need an attorney. Just because you failed these tests does not mean you will be found guilty in a court of law. Submit your case details to FightDUICharges.com and you will be provided with a free case review and a connection to a skilled attorney that can help you fight your DUI charges, especially if field sobriety tests are the primary evidence against you.
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.