Call a former DUI Judge
with over 40 years experience
In Arizona, you can’t be forced to take a field sobriety test and there is not penalty for not submitting to taking one. The fact that you refuse to take a field sobriety test can be held against you and used in court as evidence against you, when a prosecutor tries to prove that you were under the influence.
MR. MARK WEINGART: Field sobriety testing, technically there's a case in Arizona that says you do not have the right to refuse to do field sobriety test, but it doesn’t define which of those tests are field sobriety test. By my definition, that portable breath test is not a field sobriety test, and that verboten, never take it. Even though the law technically says that you can’t refuse to take the field sobriety test, there's no way to force you to do them, and there is no penalty if you don’t do them. The fact that you refuse to do field sobriety test can be used in court as evidence that you may be guilty because you refused to do some test. But no one can force you, no officer, no judge, can force you to do the roadside exercises or the field sobriety test.
When the officer scores those test that you performed, first of all you don’t even know what they’re looking for, and second of all they’re scoring only bad things, nothing good. There is no advantage ever to doing field sobriety test. I don’t care if you're a gymnast. I don’t care if you’re in the Olympics. I don’t care if you're a former athlete. It doesn’t do you any good to perform those tests. It's better off if you don’t do them and refuse to do them, and we can deal with that later.