Can You Refuse Field Sobriety Tests in Arizona?
Insights from a Pima County DUI Attorney
One of the most frequently asked questions by individuals pulled over for suspected DUI (driving under the influence) in Arizona is whether they can refuse field sobriety tests. While many believe they can simply decline to take the tests without consequences, Arizona law presents a more nuanced reality. A common misconception is that refusal can be done without repercussions, but Arizona law does not grant a "right" to refuse these tests—though you do have the "power" to refuse. Understanding this distinction is essential for anyone facing a DUI investigation. In this post, we’ll explore how field sobriety tests work under Arizona law, using key case law to illustrate the legal implications. We will also discuss how both defense attorneys and prosecutors might use refusals in DUI cases in Pima County and Tucson.
The Common Misconception:
"I Can Refuse Field Sobriety Tests in Arizona"
When pulled over for suspected DUI, many drivers mistakenly believe that they can refuse to take a field sobriety test without any legal consequences. While it is true that drivers have the "power" to refuse field sobriety tests, Arizona law does not provide them with the legal "right" to do so. This subtle but important distinction can have significant consequences in the courtroom. In Arizona, if an officer has a reasonable suspicion that a driver is intoxicated, they are allowed to request field sobriety tests as part of a lawful DUI investigation. These tests are considered "searches" under the Fourth Amendment, which means they can only be conducted if there is reasonable suspicion.
Field Sobriety Tests and the Law
Field sobriety tests are generally used to assess a driver’s physical condition and determine whether impairment is likely. These tests may include simple activities like standing on one leg, walking a straight line, or following an object with your eyes. While they are not as invasive as breath or blood tests, field sobriety tests still fall under the legal category of "searches." The key point is that these tests are only permitted when there is reasonable suspicion that a driver is under the influence of alcohol or drugs.
It’s important to understand that while you do have the power to refuse, the law doesn't grant you the right to avoid the test. This means that a refusal can be used against you in a DUI case, which is crucial to understand when making decisions at the scene of a traffic stop.
Key Cases: Understanding the Legal Implications of Refusing Field Sobriety Tests
To clarify the legal framework of refusing field sobriety tests in Arizona, let’s look at two important cases that illuminate how courts handle refusals during DUI investigations: State v. Superior Court of State of Arizona (1987) and State ex rel. Verburg v. Jones (2005).
State v. Superior Court of State of Arizona (1987)
In the 1987 case State v. Superior Court, the court ruled that a defendant’s refusal to take field sobriety tests was not protected by the Fifth Amendment’s self-incrimination clause. The court explained that field sobriety tests are not designed to compel a person to disclose their thoughts or knowledge—they simply measure physical coordination to assess impairment. Because the refusal is not a form of compelled communication, the court ruled that such evidence could be used against the defendant in court. This decision set an important precedent in Arizona DUI law, clarifying that while a person can refuse field sobriety tests, the refusal is not protected as self-incrimination.
State ex rel. Verburg v. Jones (2005)
In the 2005 case State ex rel. Verburg v. Jones, the Arizona Court of Appeals further reinforced the idea that refusing to take field sobriety tests can be used against a defendant in a DUI case. The court ruled that field sobriety tests are a lawful search when there is reasonable suspicion of impairment. The officer’s observations of erratic driving, bloodshot eyes, and slurred speech gave him reasonable suspicion to request the tests, and the refusal to take them could be introduced as evidence in the trial. The ruling emphasized that although a suspect can refuse, they don’t have the legal right to do so when there is reasonable suspicion.
The Difference Between "Power" and "Right" to Refuse
Understanding the difference between the "power" to refuse and the "right" to refuse is key. In Arizona, a person has the power to refuse to take field sobriety tests, but that does not mean they have the legal right to do so without consequences. As a driver, you can resist complying with the officer’s requests, but such resistance may lead to the introduction of evidence showing your refusal to cooperate, which the prosecution can use against you in court. The law treats this as a search that is supported by reasonable suspicion and not a right that can be arbitrarily refused.
How a Pima County DUI Attorney Might Use Refusals to Their Advantage
If you're facing a DUI charge in Pima County or Tucson, an experienced DUI attorney can use a refusal to take field sobriety tests as a tool in your defense. Here’s how:
1. Lack of Concrete Evidence of Impairment
A refusal to take field sobriety tests doesn’t provide solid proof of intoxication. If you refuse to submit to the tests, the prosecution is left with only subjective observations from the officer—such as your driving behavior, speech, or appearance—which are open to interpretation. An experienced Pima County DUI defense attorney can argue that the refusal is not an admission of guilt and that there is insufficient evidence to prove that you were driving under the influence.
2. The Refusal May Be Unrelated to Sobriety
A skilled DUI defense attorney may argue that the refusal was not based on impairment but rather on personal choice or misunderstanding. Many people refuse sobriety tests out of anxiety or because they fear the consequences of taking them. The refusal could be entirely unrelated to the person’s level of sobriety and should not automatically be seen as a sign of impairment.
How Prosecutors Might Use a Refusal to Their Advantage
On the other hand, the prosecution in a DUI case may attempt to use your refusal to take field sobriety tests as evidence of guilt. Prosecutors often argue that a refusal to comply with sobriety tests is a sign that the defendant is aware they are intoxicated and are trying to avoid providing evidence that could incriminate them.
However, an experienced DUI defense attorney in Pima County can counter this argument by reminding the court that the refusal does not prove impairment. The defense might argue that the refusal was based on personal reasons, such as an unwillingness to participate in a potentially subjective test, and not an acknowledgment of guilt.
Why You Need an Experienced Pima County DUI Attorney
If you’ve been charged with DUI in Tucson or Pima County, understanding your legal rights is critical. A skilled Pima County DUI attorney can help you navigate the complexities of DUI cases involving refusals of field sobriety tests. Whether it’s challenging the officer’s observations or questioning the admissibility of refusal evidence, an experienced defense lawyer can help build a strong case in your favor.
An attorney can also help you understand the broader implications of your decisions during a DUI stop. They’ll offer insights into how your refusal might impact your case and provide advice on the best course of action to minimize the risks you face.
Conclusion: Can You Refuse Field Sobriety Tests in Arizona?
In Arizona, you do have the "power" to refuse field sobriety tests during a DUI investigation, but you do not have the legal "right" to do so without consequences. Arizona law allows law enforcement officers to request these tests if they have reasonable suspicion that a driver is impaired. A refusal can be used as evidence in a DUI trial, and both defense attorneys and prosecutors can leverage this evidence to argue their case.
If you are facing DUI charges in Tucson or Pima County, it’s important to consult with a knowledgeable DUI defense attorney. With the right legal representation, you can navigate the complexities of DUI law and protect your rights throughout the legal process.
