False Positives In Phoenix Field Sobriety Tests

Field sobriety tests are among the most common tests law enforcement officers use to make a preliminary determination of impaired driving. There can be numerous issues with these tests, and it is often possible to challenge the evidence gained from them. If you have been arrested for drunk driving based in any way on the results of a field sobriety test, you should immediately contact a DUI attorney in Phoenix.

Were There Flaws in the Roadside Tests in Your DUI Case?

At the Rosenstein Law Group, our Phoenix DUI defense attorneys aggressively challenge the “drunk tests” given to our clients before they were arrested for drunk driving. To justify his case against you before the prosecutor, a police officer must be ready to explain the following:

  • Why he pulled you over in the first place
  • What kind of field sobriety tests he used to decide that you were driving while impaired
  • Whether he followed legal procedures for administering chemical tests to you, such as Breathalyzer tests or blood alcohol tests

The job of DUI defense lawyers is to help ensure that a client’s rights were and are respected at all levels of government: law enforcement, prosecution, at trial, probation and incarceration, if there is any jail or prison sentence. Considering the great stakes involved after you have been arrested for DUI, it often pays to scrutinize every detail related to the field sobriety tests and chemical tests used as a basis to charge you with drunk driving.

How Can a Field Sobriety Test Result be Misleading?

We work to protect all of our DUI defense clients at every phase and in every aspect of their drunk driving cases. Defense lawyer Craig Rosenstein pays particular attention to field sobriety tests.

If you are viewing this page before you have been arrested for DUI, keep in mind that if you are ever stopped on suspicion of drunk driving, you can politely decline when the police asks you to perform tests such as the following:

  • The pen test, or horizontal gaze nystagmus (HGN): This tracks your eye movements while the officer waves a pen in front of your face
  • Balancing tests, which require you to stand on one leg for a lengthy period, to “walk and turn,” or to touching your finger to your nose with your eyes closed
  • Number and letter recitation tests, in which you say the alphabet and count backward from 1,000
  • Dexterity tests, which require you to close one finger at a time

Many people simply lack the coordination and motor skills to successfully complete these tests when they are completely sober. Still, many of them are arrested for suspicion of drunk driving due to their inability to complete these tasks. There can also be training issues in these cases if the officer misreads the cues that typically indicate impairment.

The Rosenstein Law Group has had significant success in getting evidence from field sobriety tests excluded, and in challenging the resulting BAC evidence. Find out how our defense lawyers can help you statewide to win your case or reduce the penalties.

Call Immediately for a Free Consultation

Attorney Craig Rosenstein often succeeds at having field sobriety test results thrown out. Discuss your DUI case with one of our experienced Phoenix field sobriety tests attorneys. Contact the Rosenstein Law Group to learn about our aggressive defense strategies.