The Law Offices of John Phebus

Field sobriety tests often questionable in DUI cases

Driving under the influence or driving while intoxicated charges are serious criminal accusations. It can be difficult to fight these allegations in court, as juries often side with the arresting officers. The primary evidence tends to be field sobriety tests, which can appear to incriminate the accused individuals.

However, roadside tests are not always properly conducted and the breathalyzers themselves are not always working properly. Furthermore, many people could attest that the one-leg stand is arguably difficult even when sober.

Arizona's implied consent law dictates that an individual who is pulled over must either submit to a standardized field sobriety test or run the risk of a license suspension, but in a case of test refusal he or she may not have even shown real evidence of intoxication.

Jurors should consider the totality of circumstances to sufficiently weigh the legality of these traffic stops in the first place, as well as the potential fallibility of an improper field sobriety test.

If inaccurate field sobriety tests or questionable circumstances are the foundation of the prosecution’s case, then the legal team of the arrested individual will have a much better chance of having the charges dismissed or at least reduced.

The Law Offices of John Phebus work with clients in Phoenix and across Arizona, working to defend them against drunk driving charges. We provide sound advice, imparting our knowledge of your chances in court and vigorously advocating on your behalf.

Sometimes, the prosecution may agree that the evidence is not sufficient cause for the charge and drop the case altogether. Although it can be difficult, our lawyers have won many cases in which we challenged field sobriety tests as well as whether there was truly reasonable suspicion to stop our clients.

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