Field Sobriety Test in Arizona: Should You Submit? ARS 28-1381
Asked to do field sobriety tests during a DUI stop? They are not part of Arizona’s implied consent law under A.R.S. § 28-1321, so declining does not suspend your license, but an officer can testify that you refused. Decline politely, say nothing about drinking, and call us before answering questions.
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Should You Submit to a Field Sobriety Test in Arizona?
Generally, no. A field sobriety test in Arizona is not part of the implied consent law, so declining it does not suspend your license. But under State ex rel. Verburg v. Jones, the officer may testify that you refused. Most defense attorneys advise declining politely, staying calm, and asking for a lawyer.
In most cases, defense attorneys advise against it. Field sobriety tests are voluntary in the practical sense: no statute punishes you for declining them, and they are not one of the chemical tests covered by Arizona’s implied consent law. They are also built to be failed. The officer asking you to do them has usually already formed an opinion, and the tests exist to document it.
Declining is not cost-free, though. Arizona courts allow the officer to tell a jury that you refused, and declining does not stop an arrest if the officer already has enough other evidence. The right approach is to decline calmly and politely, not to argue, and to understand what comes next. If you are already facing a charge, start with our Arizona DUI charges hub for the bigger picture.
What Are Field Sobriety Tests?
Field sobriety tests are the roadside exercises an officer uses to look for signs of impairment before deciding whether to arrest. Three are “standardized,” meaning officers are trained to give and score them a specific way:
- Horizontal gaze nystagmus (HGN): the officer moves a pen or light across your field of vision and watches your eyes for involuntary jerking;
- Walk-and-turn: nine heel-to-toe steps on a line, a turn, and nine steps back, while following a list of instructions;
- One-leg stand: standing on one foot and counting aloud for about thirty seconds.
Officers also use non-standardized exercises, such as reciting part of the alphabet, counting backward, or touching a finger to your nose. Every one of them is scored by the same officer who is deciding whether to arrest you, often at night, on the shoulder of a road, in the shoes you happened to be wearing.
Are Field Sobriety Tests Part of Arizona’s Implied Consent Law?
No. Under A.R.S. § 28-1321, anyone who drives in Arizona has consented to a test of blood, breath, urine or another bodily substance after a DUI arrest. Field sobriety tests are not on that list, and they come before any arrest. That is why there is no license suspension for declining them.
The confusion matters, because the consequences are very different. Refusing the post-arrest chemical test triggers a 12-month suspension (two years for a second refusal within 84 months) and usually a blood draw by search warrant anyway. Declining the roadside exercises triggers none of that. Our guide to refusing a breathalyzer in Arizona covers the chemical-test side.
Can the Officer Use Your Refusal Against You?
Yes, if the officer had reasonable suspicion. In State ex rel. Verburg v. Jones, 211 Ariz. 413 (App. 2005), the Arizona Court of Appeals held that a refusal to submit to field sobriety tests can be admitted into evidence at a DUI trial. The court reasoned that, when supported by reasonable suspicion of DUI, field sobriety tests are a lawful search, so a driver has the physical power to refuse but not the legal right to.
In practice that means a prosecutor can argue that you declined because you knew you would fail. It does not mean the refusal proves anything, and it does not mean you must perform. Jurors hear the reasons, too: nerves, the conditions at the roadside, an injury, or simply a decision not to help build a case against yourself. And if the officer lacked reasonable suspicion in the first place, the foundation for admitting the refusal is in question. Our explainer on probable cause vs. reasonable suspicion covers that line.
Why Do Defense Attorneys Usually Recommend Declining?
Because the tests rarely help the driver. Defense attorneys commonly see the same problems with roadside test evidence:
- The scoring is subjective. The officer counts “clues” such as stepping off the line, raising the arms, or starting too soon. There is no score that clears you;
- Conditions work against you. Uneven pavement, passing traffic, flashing lights, wind, footwear, and fear all affect balance and focus;
- Many sober people struggle. Age, weight, inner-ear and back problems, injuries, and fatigue can produce the same clues an officer reads as impairment;
- Everything is recorded. Your performance is captured on body camera and summarized in a report written by the arresting officer.
Performing well rarely ends the stop. If the officer has already smelled alcohol, seen bloodshot eyes, or heard an admission to drinking, an arrest often follows regardless, and the tests become part of the State’s file.
How Do You Decline Without Making Things Worse?
Decline the tests, not the officer. Calm and brief works best:
- Provide your license, registration and proof of insurance when asked;
- Say something like: “Officer, I respectfully decline any field sobriety tests. I would like to speak with a lawyer.”
- Do not argue, explain, or physically resist. Resisting a lawful arrest is a separate crime, and arguing adds evidence;
- Do not answer questions about where you were or how much you drank. You have the right to stay silent;
- If you are arrested, cooperate physically and keep repeating that you want a lawyer.
What About the Portable Breath Test at the Roadside?
It is a separate request. Under A.R.S. § 28-1322, an officer with reasonable suspicion of DUI may ask you to blow into a preliminary breath test before any arrest. That statute does not set a license suspension for declining it. The post-arrest breath or blood test under A.R.S. § 28-1321 is the one that carries the 12-month refusal suspension. Knowing which request you are hearing is the whole point; if you are unsure, ask the officer whether you are under arrest.
What Happens If You Are Arrested Anyway?
After an arrest, the implied consent law applies. The officer will read you an admonition and ask for a breath, blood or urine test. Refusing that test means the 12-month suspension and, typically, a blood draw under a search warrant. The criminal case under A.R.S. § 28-1381 and the license case run on separate tracks, with separate deadlines; the license side has a 30-day window to request a hearing, explained in our guide to the ADOT hearing for ARS 28-1321.
How Is Field Sobriety Test Evidence Challenged?
- No reasonable suspicion: if the stop or the request for tests was not justified, the test results and the refusal may be excluded;
- Improper administration: the standardized tests have specific instructions and scoring; departures weaken the officer’s conclusions;
- Medical and physical explanations: injuries, inner-ear conditions, eye conditions, and weight can mimic impairment clues;
- The video vs. the report: body-camera footage often shows a better performance, or worse conditions, than the written summary describes;
- Context for a refusal: a calm, polite decline on video is very different from the “consciousness of guilt” story a prosecutor wants to tell.
The Experts We Bring to the Table
Field sobriety test evidence is an officer’s judgment call recorded on video. We bring the people who can show a jury what that judgment missed.
Standardized Field Sobriety Test Instructors
How the Tests Must Be Given
Compare the officer’s instructions and scoring against the training standard for each test.
Body-Camera & Dash-Camera Analysts
The Video vs. the Report
Sync the footage to the report and show what the officer actually saw and said.
Medical & Vision Experts
Balance and Eye Conditions
Explain how injuries, inner-ear and eye conditions produce false impairment clues.
Forensic Toxicologists
The Chemical Test
Review any later breath or blood result and how it was collected and analyzed.
Police-Practices Consultants
Reasonable Suspicion
Test whether the stop and the request for tests were legally justified.
Scene Investigators
Roadside Conditions
Document the slope, surface, lighting and traffic where the tests were done.
How Tamou Law Group Defends Field Sobriety Test Cases
Pre-charge advocacy. Many DUI arrests are followed by a wait for blood results before charges are filed. We get involved in that window, preserve the video, and handle the license hearing deadline.
Disclosure strategy. We demand the body-camera and dash-camera footage, the officer’s training records for the standardized tests, and the full report, then compare them line by line.
Plea and collateral analysis. When negotiation makes sense, we weigh every option against its real consequences: jail exposure under A.R.S. 28-1381, license and interlock requirements, and the effect on your job and record.
Related guides: field sobriety test defense and the Arizona DUI charges hub. Call 623-321-4699.
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Frequently Asked Questions
Do you have to do field sobriety tests in Arizona?
No statute requires you to perform them, and declining does not suspend your license because they are not part of the implied consent law. But Arizona courts hold that an officer with reasonable suspicion can lawfully request them, and your refusal can be mentioned at trial.
Can you refuse a field sobriety test in Arizona?
You can decline them. Under State ex rel. Verburg v. Jones, a driver has the power but not the legal right to refuse when the officer has reasonable suspicion of DUI, which is why the refusal can be used as evidence. There is no separate criminal charge or license suspension for declining.
Does refusing field sobriety tests suspend your license in Arizona?
No. The 12-month suspension under A.R.S. 28-1321 applies to refusing the breath, blood or urine test requested after a DUI arrest. Roadside field sobriety tests are not covered by the implied consent law, so declining them does not trigger an MVD suspension on its own.
What are the three standardized field sobriety tests?
Horizontal gaze nystagmus, where the officer watches your eyes follow a stimulus; the walk-and-turn, nine heel-to-toe steps along a line and back; and the one-leg stand, balancing on one foot while counting. Officers also use non-standardized exercises such as reciting the alphabet or touching your nose.
Can you pass a field sobriety test?
Not in any formal sense. The officer looks for clues of impairment rather than giving a pass or fail score, and many sober people show clues because of nerves, injuries, footwear or roadside conditions. A strong performance rarely ends the stop if the officer already suspects alcohol.
Is the portable breath test the same as a field sobriety test?
No. The portable or preliminary breath test is a roadside breath sample an officer may request under A.R.S. 28-1322 before an arrest. It is separate from both the field sobriety exercises and the post-arrest breath or blood test under the implied consent law, which carries the refusal suspension.
What should I say if an officer asks me to do field sobriety tests?
Stay calm and brief. Something like “I respectfully decline any field sobriety tests and would like to speak with a lawyer” is enough. Do not argue, do not explain where you were or what you drank, and never physically resist. Provide your license, registration and insurance when asked.
Can I be arrested for DUI if I refuse field sobriety tests?
Yes. An officer can arrest you based on other evidence, such as the driving, the odor of alcohol, slurred speech, admissions, or a portable breath test. Refusing the roadside tests removes one source of evidence, but it does not prevent an arrest if the officer has probable cause.
Are field sobriety tests recorded?
Usually. Most Valley agencies use body cameras, and many patrol cars have dash cameras. That footage often matters more than the officer’s written summary, because it shows the instructions, the conditions and your actual performance. A defense attorney should request it early in the case.
Should I hire a lawyer after field sobriety tests?
Yes, especially if you were arrested. The license hearing deadline is 30 days for a refusal suspension, and the video, training records and test procedures need to be reviewed before your first court date. Tamou Law Group offers a free, confidential consultation at 623-321-4699.
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