Menu FREE Consult Request
DUI and Criminal Law Specialists
Available to help 24/7
Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

Field Sobriety Tests - A Lose/Lose Proposition

Ever try to walk a straight line or stand on one leg after a few drinks? It is always entertaining at a party amongst friends, but could be very harmful to your case if a police officer ever asks you to perform them in a DUI investigation. The common misconception with field sobriety tests (FST's) is that if one does well on the tests, then they will be free to drive home, free of consequence. That is seldom the case, as the officer typically already has signs and symptoms of impairment if he is asking you to get out of your car and perform the tests.

There are three standardized tests that are commonly used: (1) Horizontal Gaze Nystagmus (HGN), (2) Walk and Turn, (3) and the One-Leg Stand. HGN involves the observation of your pupil as it follows a moving object, like a finger or light, while noting the smooth or lack thereof, movement of the pupil. The second test, the walk and turn, is a divided attention test. That is to say, that it requires you to divide your attention between the mental task of listening to the officers instructions, and the physical task of walking and turning in a straight line. Finally the last standardized test, the one-leg stand, is similar to the walk and turn test, as it is a divided attention test. During this test, you have to mentally follow instructions of the officer, while standing on one foot for thirty seconds.

While administering these FST's, officers are trained to look for "clues" or "cues" of impairment as you are performing each test. These tests are difficult to perform if you are completely sober in an optimal environment, let alone at 2 am on the side of the road after a few drinks. There is no passing grade on FST's even if you perform exceptionally well, you may only be providing more ammunition for arrest and subsequent prosecution. Politely decline the HGN and any physical tests that you may be asked to perform and ask to speak with your attorney as soon as possible.

If you or anyone you know has been arrested based on a failed field sobriety test, please give the Rosenstein Law Group a call at (480) 248-7666. All of our skilled attorneys are here to protect their client's rights, and assure them that they have a fair and just trial with the best possible outcome.

No Comments

Leave a comment
Comment Information
We play an active role in the civic life of the Phoenix metropolitan area.
We support Scottsdale's Taste of the Town festival that benefits the local chapter of the Muscular Dystrophy Association as well as the annual Toys for Tots campaign. Our firm also contributes to a number of other local organizations, including Home 'Fur' Good, a nonprofit dedicated to eliminating the euthanasia of adoptable homeless cats and dogs in Maricopa County.
AACJ Arizona Attorneys for Criminal Justice Avvo Rating 10.0 Superb Top Attorney DUI Super Lawyers Arizona Trial Lawyers Association Attorney At Law Magazine Contributing Editor Arizona Attorneys For Criminal Justice Established 1986 Rosenstein Law Group Best Lawyers 2020

Free Consultation With A Drunk Driving Defense Lawyer

When you need effective, strategic defense, contact us 24 hours a day, seven days a week at 480-248-7666. We are ready and waiting for your call.

Bold labels are required.

Contact Information

Submitting your information to us through this web form does not establish an attorney-client relationship. Information submitted through this web form is not confidential, not subject to attorney-client privilege, and will not preclude this law firm from representing a different client in the same legal matter. We do not represent you until you meet with us and sign a fee agreement. Please do not send us any confidential information about your case until we meet.


Privacy Policy

Free Consultation With A Drunk Driving Defense Lawyer FREE Consult Request