If you got pulled over for a DUI in Arizona and the officer asks you to perform the Field Sobriety Tests or (FST) you CAN say no. In Arizona the constitutional rights of an individual prohibit an officer from asking to many questions, denying you to speak to counsel and mandating you to take the field sobriety tests. These tests are not objective like breath or blood tests and are only a test of a drivers balance and dexterity. You DO NOT have to do these tests. You should NOT do a subjective analysis when being questioned for DUI in Arizona.
The National Highway Traffic Safety Administration (NHTSA) has set forth guidelines regarding FSTs. The tests should not be given if the suspect is:
· 50 pounds or more overweight
· 65 years of age or older
· has any back, hip, leg, knee, or ankle injuries
· has any disability effecting balance
· wearing shoes with heels two (2) inches or higher
To avoid being asked to perform any test you should invoke your right to counsel and say “I’m not going to answer any questions or do any tests until I talk to my lawyer”. By saying this you did not lie and you did not confess, you simply are asking to speak to an attorney who can walk you through the process and counsel you on what to say or do. If the officer says no then they just denied your right to counsel and you have a great defense in fighting your DUI charge.
Other defenses we use to fight DUI charges are no actual physical control, no reasonable suspicion to stop, no probable cause for arrest and inaccuracy of the breath or blood testing device. We also attack technicalities in sloppy police work which is a very common problem with major departments in the state of Arizona.
If you have been charged with a DUI in Arizona you need an aggressive and experienced phoenix dui attorney to fight your case. The Law Offices of David Michael Cantor have over 3,500+ case victories including 136 complete jury trial acquittals, not charged/all charges. Call 602-307-0808 for a free initial consultation or visit dmcantor.com and submit a confidential form fill.