DUI Criminal Defense Lawyer Tips: How to Challenge Field Sobriety Tests in Arizona

by | Aug 12, 2025 | Lawyers & Law Firms

A DUI arrest in Arizona can lead to serious legal consequences, including fines, license suspension, and even jail time. One of the most common tools law enforcement officers use during DUI investigations is the field sobriety test. While these tests are designed to assess impairment, they are not always accurate or fair. An experienced DUI criminal defense lawyer can help you understand your rights and challenge the validity of these tests when necessary.

Understanding Field Sobriety Tests

Field sobriety tests (FSTs) are a series of physical and cognitive exercises conducted by police officers during a DUI stop. The National Highway Traffic Safety Administration (NHTSA) recognizes three standardized tests:

  1. Horizontal Gaze Nystagmus (HGN) Test – Officers look for involuntary jerking of the eyes, which can occur when a person is under the influence.
  2. Walk-and-Turn Test – The driver is asked to walk in a straight line, turn, and return while following specific instructions.
  3. One-Leg Stand Test – The driver must stand on one leg and count for a set period without losing balance.

While these tests are used to establish probable cause for arrest, they are not foolproof. Physical conditions, nervousness, or even environmental factors can cause a sober person to fail.

Why Field Sobriety Tests Are Not Always Reliable

Even though field sobriety tests are standard in DUI investigations, they are subjective and prone to errors. Factors that can affect performance include:

  • Weather Conditions: Rain, wind, or extreme heat can impact balance and concentration.
  • Road Surface: Uneven pavement, gravel, or debris can make tests more difficult.
  • Health Conditions: Inner ear problems, injuries, or neurological conditions can affect coordination.
  • Footwear and Clothing: High heels, boots, or restrictive clothing can impair movement.

Because of these variables, a DUI criminal defense lawyer may argue that the results of field sobriety tests are unreliable as evidence of impairment.

Legal Strategies to Challenge Field Sobriety Tests

Challenging the results of a field sobriety test often involves questioning the conditions under which it was conducted, the officer’s training, and the interpretation of the results. Common defense strategies include:

1. Improper Administration of the Test

Officers must follow NHTSA guidelines when conducting field sobriety tests. Any deviation from the standardized procedure can cast doubt on the results.

2. Lack of Proper Training

If the officer administering the test did not have adequate training, their assessment could be flawed.

3. Alternative Explanations for Poor Performance

Medical records, eyewitness testimony, or expert analysis can show that the driver’s performance was affected by something other than alcohol or drugs.

4. Video Evidence Review

Many DUI stops are recorded on dashcams or body cameras. Reviewing this footage can reveal inconsistencies in the officer’s report.

An attorney providing criminal defense legal services will evaluate all of these factors to determine the best approach for your case.

The Role of a DUI Criminal Defense Lawyer

A DUI criminal defense lawyer works to protect your legal rights from the moment of your arrest. They can:

  • Review the circumstances of the traffic stop to determine if there was probable cause
  • Analyze the administration and interpretation of field sobriety tests
  • Challenge other evidence, such as breathalyzer or blood test results
  • Negotiate with prosecutors to reduce or dismiss charges when possible

If the case proceeds to trial, your lawyer will present evidence and arguments to the judge or jury aimed at securing the best possible outcome.

The Importance of Acting Quickly

In Arizona, DUI cases move quickly through the legal system. Delaying your defense can result in missed opportunities to challenge evidence or preserve witness testimony. By contacting a trusted legal partner like Whitney | Whitney | Baldridge | Atkinson as soon as possible, you can ensure that your case is handled with the urgency and attention it requires.

Consequences of a DUI Conviction in Arizona

Arizona has some of the toughest DUI laws in the country. Depending on the severity of the charge and prior offenses, penalties may include:

  • Mandatory jail time
  • Substantial fines and fees
  • Driver’s license suspension or revocation
  • Installation of an ignition interlock device
  • Mandatory alcohol education or treatment programs

These penalties can have a lasting impact on your personal and professional life, making it essential to work with an attorney who understands both the law and the local court system.

Preventing a DUI Arrest

While it’s important to know how to defend against DUI charges, prevention is always the best strategy. Planning ahead, using a rideshare service, or designating a sober driver can help you avoid the risks and legal consequences associated with impaired driving.

However, if you find yourself facing charges, understanding your rights and working with an attorney who provides criminal defense legal services can make a significant difference in the outcome of your case.

Final Thoughts

Field sobriety tests play a major role in many Arizona DUI cases, but they are far from infallible. An experienced DUI criminal defense lawyer can identify weaknesses in the prosecution’s case, challenge questionable evidence, and advocate for your rights throughout the legal process.

If you are facing DUI charges, take action immediately to protect your future. The right defense strategy can mean the difference between a conviction and a favorable resolution.

The Must List

Categories

Archives