Can You Refuse a Field Sobriety Test in Arizona? click for a free consultation

Posted on March 7, 2026 in Field Sobriety Tests

Yes, Arizona drivers can refuse a field sobriety test.

In this blog post, we consider field sobriety testing in Arizona, including why police use field sobriety tests, why and how you might refuse to submit to such testing, and the possible effects of such a refusal.

If you have been charged with DUI in Arizona, please call Rosenstein Law Group at (480) 248-7666. You can also reach us online to connect with an Arizona DUI defense lawyer and to schedule a free initial consultation.

Why Do Arizona Police Officers Use Field Sobriety Tests?

For a law enforcement officer to arrest you for DUI, and for a prosecuting attorney to charge you with this offense, they must have sufficient evidence to establish probable cause that you were impaired at the time of your DUI stop. 

This evidence takes multiple forms, including the police officer’s observations of your physical state (such as losing balance, slurred speech, or erratic driving), the results of any blood alcohol concentration (BAC) tests you provide a sample for, and the results of field sobriety testing.

What you may not know is that if an officer asks you to undergo field sobriety testing, it is seldom because the officer is still undecided about whether to arrest you for DUI. 

Instead, chances are that the officer believes there is reasonable suspicion to think that you have been driving under the influence and is simply seeking to gather additional evidence through roadside tests to strengthen the state’s case against you.

For this reason, if you refuse to submit to field sobriety testing, this will seldom mean that the officer will not arrest you for DUI anyway.

Reasons To Refuse Field Sobriety Tests

The first thing to know about field sobriety testing is that the police officer investigating you for DUI cannot require you to participate in the field sobriety testing—you can legally refuse to participate in field sobriety test(s).

You will not be subject to having your Arizona driving privileges suspended if you decline/refuse to submit to field sobriety testing. Your refusal may, however, be used as evidence of consciousness of guilt should the matter proceed to trial.

There are several reasons to refuse field sobriety tests. These include, but are not limited to:

• Field sobriety tests are easy to fail, whether you are sober or impaired
• Field sobriety tests are highly subjective—the law enforcement officer who has asked you to participate in the tests is also “grading” the tests and may take you to jail for “failing” the tests
• Field sobriety tests are often inaccurate and unreliable
• Field sobriety tests do not always follow the requirements set forth by the National Highway Transportation Safety Administration (NHTSA) rules and guidelines for the “standardization” of administration of such tests.

How To Refuse Field Sobriety Tests

If you choose to politely decline field sobriety tests, you should provide the following information to the requesting officer as required by Arizona law: 

• Your name
• Your valid driver’s license
• Your vehicle registration
• Proof of motor vehicle insurance

Potential Consequences for Refusing Field Sobriety Tests

A law enforcement officer may do the following once you refuse to perform field sobriety tests:

• Arrest you on suspicion of DUI
• Provide the refusal as proof of consciousness of guilt in court
• Request that you consent to chemical testing (I.e., provide a breath sample into the Intoxilyzer 9000, not the small handheld device, and/or blood draw for testing)

What Are Standardized Field Sobriety Tests?

The National Highway Traffic Safety Administration (NHTSA) approves three Standardized Field Sobriety Tests (SFSTs) for law enforcement use. According to NHTSA, these SFSTs require standardized testing conditions and administration for accuracy and reliability. The SFSTs approved by the NHTSA are:

• The Horizontal Gaze Nystagmus (HGN).  This test examines involuntary jerking of the eyes while you follow a stimulus to the left and right while keeping your head still. The officer conducting the HGN test observes your eyes for signs of nystagmus (involuntary jerking) while your gaze is moving horizontally or vertically (VGN).
• The Walk-and-Turn Test. In this test, you are instructed to take nine steps along a marked straight line, heel-to-toe, with your arms by your side, perform a turn, and return in the same manner. The officer conducting the test assesses your ability to follow instructions, keep your balance, and perform the task accurately.
• The One-Leg Stand Test. In this test, you are asked to stand on one leg while raising your other leg about six inches off the ground, point your toes on the lifted leg, look at your toes while counting out loud “1001, 1002…” for 30 seconds, while keeping your arms by your side. The officer will observe your ability to keep your balance, etc.

Other Non-Standardized Field Sobriety Tests

Arizona law enforcement officers use Standardized Field Sobriety Tests and some non-standardized field sobriety tests when assessing impairment. Non-standardized field sobriety tests used in Arizona can include:

• The Finger-to-Nose Test. This test evaluates fine motor skills and coordination. You are instructed to touch your nose with the tip of your finger, showing precision and coordination while doing so.
• Reciting the Alphabet. You may be asked to recite the alphabet starting at a random number at the officer’s direction to assess cognitive function and divided attention.
• The Finger Counting Test. This test requires touching the thumb to each fingertip in a sequential manner, testing fine motor skills and coordination.
• The Hand Pat. In this test, you alternately pat one hand on two different locations to assess your reaction time and coordination.
• The Modified Position of Attention (Rhomberg Modified Test). This test involves standing with your feet together, head tilted back, and eyes closed, while you determine the passage of 30 seconds, silently in your mind. The officer will assess your performance by looking for any swaying, loss of balance, eyelid tremors, and your accuracy on the passage of 30 seconds you determined vs. the amount of seconds that had actually passed per the officer’s timing using a clock/stopwatch.

Do You Have Questions About Field Sobriety Testing in Arizona?

Field sobriety tests can be used as evidence in court to support the suspicion that you were impaired. But their reliability and accuracy can be challenged, especially if they were not administered correctly or if you had underlying medical conditions or physical limitations that could affect/explain your performance on the tests, other than impairment being the cause of your alleged poor performance.

Field sobriety tests are “divided attention tests”. Passing a field sobriety test involves carefully following instructions, maintaining balance and coordination, and showing clear cognitive function while your attention is divided among several simultaneous attention requirements.If you or someone you know refused a sobriety test, or is accused of failing field sobriety tests, please call Rosenstein Law Group at (480) 248-7666 or use our contact form immediately to discuss your situation in detail. We have Board-Certified DUI defense attorneys and have vast knowledge and expertise in defending DUI charges. We will help you with your arrest, driver’s license, plea negotiations, and at trial.