Field Sobriety Tests: Common Defenses for Field Sobriety Test Result Evidence
Field Sobriety Tests – What Police Don’t Want You to Know
How the best Phoenix AZ DUI Attorneys may get your Phoenix DUI Charges dismissed by challenging Field Sobriety Tests
AZ Field Sobriety Tests
Field Sobriety Tests (FST) is a standardized battery of tests recognized by the United States National Highway Traffic Safety Administration (NHTSA) and adopted by the states. However, many good AZ DUI attorneys don’t consider them real or accurate tests at all, due to their nature and subjectivity. And because of this, many AZ DUI charges are dismissed, or evidence suppressed, because they can be so easily challenged by an experienced DUI Attorney who practices frequently in Phoenix AZ Courts.
Field Sobriety Tests: What Phoenix Police Don’t Tell You
One thing Phoenix Police usually won’t tell you is that these tests are not mandatory. You are by law, not required to take them. Some of the best Phoenix DUI attorneys disagree on whether or not you should participate in them. The reason for this is that if you refuse, the police may arrest you on the spot. The choice is yours. Some DUI Attorneys will advise you to take them and challenge them and have your DUI Attorney challenge them through the proper legal channels. The choice, however is yours.
FST for performance results are judged by the Phoenix police, and are the least reliable form of DUI evidence that can be used against you. Unfortunately, the Phoenix Police Phoenix police will also make it sound like you did poorly on the tests. But the fact is that even persons unimpaired by drugs or alcohol may perform “poorly” depending on many factors. This is another reason why they are often challenged by good Phoenix DUI Layers. But the police will use them against you. The purpose is for them to be used a preliminary tool to determine if you show signs of impairment in order for them to decide if further breath, blood, or urine tests are needed. Below are just a sample of a few arguments for Field Sobriety Test defenses taken from “101 DUI Defense Strategies” © Winning Arizona DUI Defense Strategies © Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case by active winning defense Attorney and author James Novak:
• YOU WERE AT A DISADVANTAGE ON YOUR FST DUE TO ADVERSE CONDITIONS AT ROADSIDE SUCH AS CLIMATE, ENVORNMENTAL OR LANDSCAPING.
• THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS.
• FAILURE TO DETERMINE IF YOU WERE A APPROPRIATE CANDIDATE FOR THESE ROADSIDE EXERCISES DUE TO WEIGHT STANDARDS, MEDICAL IMPAIRMENTS, AGE, OR OTHER FACTORS THAT WOULD ADVERSE CONTRIBUTE TO POOR RESULTS.
• NON-STANDARDIZED FIELD TESTS ARE INVALID AND NOT RECOGNIZED BY NHTSA.
• FAILURE TO POINT OUT THE LOCATION AND ROADSIDE CONDITIONSWHERE THE EXERCISES WERE GIVEN.
• YOU REFUSED TO SUBMIT TO THE FIELD SOBRIETY TESTS AND AS A RESULT THE POLICE OFFICER REPORTED THAT YOU REFUSED BECAUSE YOU WERE DRUNK DRIVING AND YOU WERE AFRAID YOU WOULD NOT PASS.
These are just a small sample of all the arguments that can be made against Field Sobriety Test results if you have received Arizona DUI charges. It is important that you consult a good Arizona DUI attorney who defends cases regularly in Phoenix Arizona where you were charged with your Phoenix DUI. It takes experience, training, knowledge and a great amount of defense litigation experience by an AZ DUI Lawyer who defends cases often in Phoenix to challenge these issues properly, and take action to attempt to get your case dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.
If you have been arrested for any Phoenix Arizona DUI other criminal charge contact the Law Office of James Novak, for your Free Consultation at 480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, and surrounding cities in Maricopa County Arizona. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.
