Field Sobriety Tests
If you're pulled over by a police officer on suspicion of DUI, there is a good chance the officer is going to ask you to take one or more "Field Sobriety Tests." These tests ostensibly help an officer determine if a driver is too intoxicated to be operating a vehicle. They challenge your physical coordination, mental alertness, reaction time, and ability to follow instructions.
Be prepared for one of these
Field Sobriety Tests
There are a number of these standardized Field Sobriety Tests, but most officers will choose one (or more) of the following:
DUI Defense
- Walk and Turn: You will take nine heel-to-toe steps along a line, turn, and take nine heel-to-toe steps back. The officer is looking to see if you can keep your balance and follow instructions. Negative signs are if you begin early, stop during the test, leave space between heel and toe, step off the line, or lose balance while turning.
- Standing on One Leg: You begin by standing with heels together and arms at the side. The office will ask you to raise one leg six inches off the ground while counting out loud until he tells you to stop. Negative signs include raising your arms, swaying, hopping, putting the foot down, an inability to stand still, body tremors, muscle tension, and any statements you make during the test.
- Finger to Nose: You start by standing with heels together, eyes closed, and standing erect. You will then be instructed to bring your index finger to the tip of your nose. Negative signs: body sway, body tremors, eyelid tremors, muscle tension, and any statements you make that support a finding of intoxication.
- The Rhomberg Balance Test: You are instructed to stand at attention, close your eyes, tilt your head back and count to 30. Negative signs: an inability to stand still or steady, body or eyelid tremors, opening of the eyes to maintain balance, swaying, muscle tension, and any statements you make. The officer is also testing your sense of time, which will usually be slower in the case of alcohol or depressants, or fast in the case of stimulants.
- Horizontal Gaze Nystagmus Test: You will told to stand at attention with your eyes straight ahead. The officer will hold a pencil about 12 inches in front of your face and slowly move it to one side. The officer is looking for a distinctive "jerking" of the eye that begins as you look to one side. Supposedly, involuntary jerking before reaching 45 degrees from front is indicative of a blood alcohol concentration over .05%. The smoothness of eye movement is also a factor. ("Nystagmus" is medical jargon for this particular eye movement).
- Preliminary Alcohol Screening: This is where the officer uses a portable breath device to determine the presence of alcohol in the system. Read more about Breath and Blood Testing.
Why an experienced DUI defense attorney is so important
These tests aren't scientifically accurate and depend a lot on the expertise and opinion of the officer who is giving them. DUI defense attorney Michael Urbano says that many people, for one reason or another, cannot perform these tests to an officer's satisfaction even if they are sober. But they may be subject to a DUI arrest because of that.
Michael Urbano is not only an experienced DUI defense attorney but he's also a former police officer who knows the ins and outs of giving these tests and can find the loopholes in the prosecutors' case. In fact, he has a record of successfully challenging DUI cases where officers haven't followed the testing protocol correctly. If you were arrested on DUI charges after taking a field sobriety test, we urge you to contact Micael Urbano right away.
Arizona DUI law does not require you to take any field sobriety tests. The reality is that officers have usually made up their minds to make a DUI arrest before testing even begins; the tests are simply additional evidence to use against you in court.
Micael Urbano pledges that if you hire him to defend you, he will not rest until all charges have been dropped or reduced to a much lesser offense. Michael Urbano isn't just an effective Arizona DUI attorney, he's a powerful advocate for your rights and will help you get through this difficult time.
Free Initial Consultation - Financing Available
At Urbano Attorneys and Counselors at Law, we offer a FREE initial consultation on Arizona DUI cases. We also have convenient financing available to make it easier for you to get effective representation from a real Phoenix DUI attorney and not just a public defender.
Talk to an experienced Arizona DUI Attorney NOW!
If you need a DUI defense attorney, call 480-759-0035 day or night.
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