September 2012 – Field Sobriety Tests

Are You REQUIRED to Do the Field Sobriety Tests If You are Pulled Over for a DUI? The Answer is NO!

Most of us are aware that in the event you are stopped by the police on suspicion of DUI you may be asked to perform physical tests such as a “walk and turn” on an imaginary line, standing on one leg, and/or tracking and following a moving penlight with your eyes (known as an HGN test). These tests are known as Field Sobriety Tests or FSTs/ SFSTs. None of these tests are definitive in registering your sobriety or lack thereof, nor are you required to perform them under Arizona law; the only purpose of these tests is for the police to obtain further evidence to demonstrate your intoxication and the effects on your ability to drive. Refusal to perform the Field Sobriety Tests does not cause or result in a suspension of your drivers’ license; however, refusal of the breath or blood tests will cause a suspension of your drivers’ license. You CAN and SHOULD invoke your constitutional right against self-incrimination and politely decline to perform the Field Sobriety Tests.

Legality of Medical Marijuana Still Up In The Air in Arizona

Although medical marijuana was approved by the voters in Arizona almost two years ago and the drawing for rights to operate dispensaries was recently held, law enforcement officials in Arizona have cast doubt on the legality of many of the provisions in the Arizona medical marijuana law. The Arizona Attorney General has stated that, although possession and use of medical marijuana by registered patients was not subject to criminal sanctions, the growing, cultivation, transportation, and distribution of marijuana, even in connection with approved medical use under the Act, was still a felony in Arizona and subject to criminal prosecution.

The possible consequences for felony drug charges could involve significant time in prison and up to $150,000 in fines. As a result the attorneys at Owens & Perkins strongly encourage you to tread carefully in this area while these issues continue to be debated through the Courts.