Arizona Criminal Defense Attorney Blog
Ways Mesa AZ DUI Attorneys Defend DUI
Field Sobriety Tests Defenses
Field Sobriety Tests
Field Sobriety Tests are standardized tests adopted by the National Highway Traffic Safety Administration (NHTSA). However, many of the best Mesa DUI lawyers don’t consider them real or valid tests. This is due to their subjective nature and police biases in reporting performance results. For this reason, many AZ DUI charges are dismissed, evidence suppressed, charges reduced, or other favorable outcomes due to the results of FST challenged by an experienced AZ DUI Attorney who defends DUI charges in Mesa.
The Big Secret Mesa Police Don’t Want You to Know
One thing Mesa Police do not usually offer to tell you is that Field Sobriety Testing is
not required under Arizona Law. You have the right to refuse. Some of the best AZ DUI attorneys disagree on whether or not you should agree to take them or refuse. The reason is that if you decline, the Mesa police may arrest you and take you into custody on the spot. Some DUI Attorneys will advise you to take them and let your DUI Attorney challenge the results through the proper legal channels. The choice is yours. Depending on your circumstances, you must make a choice, at the time of the stop. But at least you will know the risks of either choice.
FST results are determined by the Mesa police officer conducting the FST. The FST is the least reliable of any Mesa DUI evidence that they will attempt to use against you. It is sad but true that the Mesa Police may intentionally make it sound like you did poorly on the tests, when in fact; you did as good as or better than someone unimpaired on drugs or alcohol. The Mesa Police want arrests, Mesa Court and prosecutors want convictions.
Interestingly, studies have shown that even persons unimpaired by drugs or alcohol may perform “poorly” depending on many factors which include but are not limited to stress, intimidation, motor skill capability, fatigue from work, medical impairments and many other factors. Just one more justification as to why they are often challenged by experienced DUI Layers who defend cases in Mesa. The actual purpose for the FST is to use it as a preliminary resource, for the officer to make a decision as to whether or not additional DUI or Drug testing is needed. It was never intended to bear the sole weight of convicting you in a court of law of a Gilbert DUI. However, the Gilbert Court and Prosecution will attempt to place more emphasis on the FST evidence if the police report that you performed poorly on the FST.
Below are a sample of arguments for Field Sobriety Tests to be challenged and used as defenses taken from “101 DUI Defense Strategies” © Winning Arizona DUI Defense Strategies © Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case by active winning defense Attorney and author James Novak:
• YOU WERE AT A DISADVANTAGE OF PERFORMING THE TESTS ACURATELY DUE TO UNFAVORABLE ROADSIDE CONDICTIONS, INCLUDING BY NOT LIMITED TO SUCH THINGS AS INCLIMATE WEATHER, HEAVY TRAFFIC, UNLEVEL GROUND, OR OTHER ENVORNMENTAL OR LANDSCAPING ASPECTS THAT WOULD ADVERSELY IMPACT THE RESULTS.
• ACCORDING TO MEDICAL EXPERTS, THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS. THE TEST MUST BE PERFORMED UNDER SPECIFIED CONDITIONS THAT ARE SIMPLY NONEXISTENT IN A ROAD SIDE ENVIORNMENT. A MAIN CONDITION IS A SPECIFIC TYPE OF LIGHTING THAT MUST EXIST OR BE USED.
• THE POLICE TESTED YOU DISPITE THE FACT THAT YOU WERE AN INAPPROPRIATE CANDIDATE FOR ROADSIDE TESTING UNDER NHTSA STANDARDS. SOME ISSUES THAT MAY DISQUALIFY A PERSON TO BE AN UNFAVORABLE CANDITATE, INVOLVE ISSUES SUCH AS WEIGHT, MEDICAL IMPAIRMENTS, AGE, AND MANY OTHER FACTORS THAT MAY CONTRIBUTE TO INACCURATE OR POOR RESULTS.
• FIELD SOBRIETY TESTS NOT RECOGNIZED BY NHTSA ARE INVALID AND CAN NOT BE USED AGAINST YOU.
• THE POLICE OFFICER FAILED TO REPORT, INDICATE, OR POINT OUT THE LOCATION AND ROADSIDE CONDITIONS WHERE THE FST WAS ADMINISTERED.
• YOU REFUSED TO SUBMIT TO THE FIELD SOBRIETY TESTS. THE POLICE THEN REPORTED YOU REFUSED BECAUSE YOU FEARED YOU WOULD DO POORLY BECAUSE YOU WERE IMPAIRED BY DRUGS OR ALCOHOL.
• YOU PERFORMED POORLY BECAUSE YOU WERE BEING MISTREATED, ABUSED OR FELT INTIMDATED BY THE POLICE.
• THE POLICE INCORRECTLY ADVISED YOU, THAT THE FST WAS MANDATORY OR REQUIRE BY LAW.
These are just a few arguments of many that an AZ DUI Attorney can use to challenge the Field Sobriety Test results that lead to your Mesa DUI charges. You should consult a good Mesa DUI attorney who defends DUI cases frequently. Many of the best AZ DUI attorneys who defend Gilbert DUI cases are not only affordable, but they offer Free Consultations if you have been charged with a Gilbert DUI or criminal offense.
Challenging evidence and utilizing defenses requires your DUI Attorney to have the roper training, education, litigation and defense experience, needed to be effective and successful in defending your case, FST is just one of many areas of multitudes of issues surrounding your DUI that can be challenged in an effort for your Attorney to fight to get your Mesa DUI dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.
If you have been arrested for any Mesa Arizona DUI other criminal charge contact the Law Office of James Novak, for your Free Consultation at 480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Mesa and valley-wide surrounding cities in Maricopa County.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.