D-U-I’m Innocent! Can You Refuse A Sobriety Test In Arizona?

Driving while intoxicated is one of the most dangerous things you can do. Drugs and alcohol can heavily impair your vision, motor functions, and judgement, three things that are a necessity while driving.

As such, if you're suspected to be under the influence while behind the wheel, you'll likely be asked to perform a field sobriety test, but can you legally deny the request?

What is a Field Sobriety Test?

If an officer believes you to be under the influence of drugs or alcohol while on the road, they'll likely perform a traffic stop to assess the situation. In order to judge your sobriety while on the road, they'll administer a "Field Sobriety Test", which is comprised of three key tasks.

The first is typically an eye test, moving a finger in front of the suspect's eyes to look for unnecessary movement. The next is a walk test, making the suspect walk heel-to-toe for nine steps before turning around and doing it again. Lastly, the suspect will be asked to stand and balance on one leg for 30 seconds.

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Can You Refuse This Test?

Let's say, for the sake of argument, that you're sober, pulled over, and asked to perform these tests, but you know you can't complete them for one reason or another. Luckily for you, refusing a Field Sobriety Test is not only legal, it's recommended. These can give false positives, leading officers to believe you're intoxicated, even if you are not.

This does not, however, apply to breathalyzers and blood tests, which are mandatory in the state of Arizona. Declining these tests doesn't give you a free pass as well, you can still be arrested if the officer has probable cause, such as the smell of alcohol or marijuana in your car.

[Law Offices of Brian D. Sloan][Griffen & Stevens Law Firm]