Arizona Criminal Defense Attorney Blog
Field Sobriety Tests – “What Police Don’t Tell You”
How Good Tempe AZ DUI Attorneys may get your Tempe DUI Charges dismissed by using defenses involving results of your Field Sobriety Tests
ARIZONA Field Sobriety Tests – What They Are
Field Sobriety Tests (FST) is standardized tests adopted by the United States National Highway Traffic Safety Administration (NHTSA) and recognized in most states. To the contrary, many of the best AZ DUI attorneys don’t consider them real tests, due to their subjective and many times police biased nature. For this reason, many AZ DUI charges are dismissed, evidence suppressed, are charges reduced due to the results being challenged by an experienced Tempe DUI Attorney.
Field Sobriety Tests: What Tempe Police Don’t Tell You
One thing Tempe Police do not usually reveal to you is that the FST battery is not required under Arizona Law. According to Arizona law they are not mandatory. Some of the best Tempe DUI attorneys disagree on whether or not however, you should agree to take them or not. The reason being, that if you refuse, the police may arrest you on the spot. Some DUI Attorneys will advise you to take them and let your DUI Attorney challenge them through the proper legal channels. The choice is ultimately yours, depending on the circumstances surrounding your Tempe DUI stop.
FST performance results are judged by the Tempe police, and are the least reliable form of Tempe DUI evidence that can be used against you. Sadly, the Tempe Police sometimes make it sound like you did poorly on the tests, even if you did well. They want arrests and Tempe Court wants convictions. But the truth of the matter is that even persons unimpaired by drugs or alcohol may perform “poorly” depending on many factors including stress, intimidation, motor skill capability, fatigue from work, medical impairments and many other factors. This is another reason why they are often challenged by good Tempe DUI Layers. The intended purpose is for them to be used simply as a preliminary tool to determine if you show signs of impairment in order for the police decide if further breath, blood, or urine tests are needed.
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 DUE TO UNFAVORABLE CONDITIONS AT ROADSIDE SUCH AS CLIMATE, ENVIRONMENTAL OR LANDSCAPING.
• THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS ACCORDING TO MEDICAL EXPERTS DUE TO THE LIGHTING AND OTHER NECESSARY FACTORS TO GET AN ACCURATE RESULT.
• FAILURE TO DETERMINE IF YOU WERE A APPROPRIATE CANDIDATE FOR ROADSIDE TESTING DUE TO SUCH FACTORS RECOGNIZED BY NHTSA STANDARDS WHICH MAY INCLUDE AND ARE NOT LIMITED TO WEIGHT RESTRICTIONS, MEDICAL IMPAIRMENTS, AGE, OR OTHER FACTORS THAT WOULD ADVERSE CONTRIBUTE TO POOR RESULTS
• NON-STANDARDIZED FIELD TESTS ARE NOT RECOGNIZED AS VALID BY NHTSA.
• THE POLICE OFFICER FAILED TO REPORT AND DOCUMENT TO POINT OUT THE LOCATION AND ROADSIDE CONDITIONS WHERE THE FST WAS ADMINISTERED.
• YOU REFUSED TO SUBMIT TO THE FIELD SOBRIETY TESTS SO THE POLICE REPORTED YOU REFUSED BECAUSE YOU FEARED YOU WOULD DO POORLY BECAUSE YOU WERE IMPAIRED BY DRUGS OR ALCOHOL.
These are just a few arguments of a vast amount that your AZ DUI Attorney can be made to challenge Field Sobriety Test results if you have received Arizona DUI charges. It is important that you consult a good Tempe DUI attorney who defends DUI cases frequently. The proper training, education, litigation and defense experience, are needed to properly challenge these issues. FST is just one of many aspects of your DUI that can be challenged in an effort of your Tempe DUI Attorney to get your case dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.
If you have been charged with any Tempe Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and Tempe DUI Defense Attorney and James Novak (Former Prosecutor).
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Tempe, Scottsdale, Chandler, Gilbert, Mesa Arizona and surrounding areas valley-wide.
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.