Tempe, Arizona DUI Field Sobriety Tests
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What should I do if I'm asked to take field sobriety tests?
There is a battery of field sobriety tests (FSTs) given that includes, heel-to-toe, finger-to-nose, one-leg stand, eye test called "horizontal gaze nystagmus" test, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat and others. In Tempe Arizona, most officers will use a set of six common tests.

Arizona DUI law does not require you to take any of the Field Sobriety Tests (FSTs). However, you may be immediately arrested for DUI in Tempe, Arizona if you refuse and your refusal to take the FSTs may be used against you by the Tempe, Arizona prosecution if you decide to challenge your Tempe, Arizona DUI at trial. The tests are additional evidence which the police use to build its case against you for the Tempe, Arizona DUI.

What about following the penlight with my eyes to the left and right?     
That test is called the "horizontal gaze nystagmus" test, a relatively recent development in DUI investigation. The officer attempts to estimate the angle at which the eye begins to jerk. Nystagmus is medical description for a distinctive eye oscillation. If this occurs sooner than 45 degrees, it theoretically indicates a blood-alcohol concentration over .05%. The smoothness of the eyes tracking the penlight or other stimulus such as a finger or pencil could also be a factor in the test results.

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