Arizona is one of 38 states that conduct DUI checkpoints. Some states have found the checkpoints unconstitutional \u2013 in conflict with the fourth amendment, which requires probable cause in order to conduct a search or seizure \u2013 but Arizona performs the checkpoints routinely.<\/span><\/p>\n DUI checkpoints can occur monthly, or more frequently, and are usually set up during the late night or early morning hours of Friday,Saturday, or holidays, when <\/span>drunk driving<\/span> is more likely to occur. In Arizona, these checkpoints may be constitutional, but that doesn\u2019t mean you lose your rights as a citizen.<\/span><\/p>\n DUI checkpoints are strategically placed stations where police can check for intoxicated drivers. These stations are typically set up near areas where many people are drinking, such as concerts or sporting events.<\/span><\/p>\n However, they can\u00a0 be just about anywhere, and there are resources online where drivers can find a list of previously held DUI checkpoints. Law enforcement officials must also disclose the location of these checkpoints in the newspaper or through local news stations ahead of time. Checkpoints must also be clearly marked so there is no confusion for drivers.<\/span><\/p>\n At the checkpoints, police officers may stop every vehicle or decide to pull over cars randomly, say, every fifth vehicle. In either case, they\u2019ll check for signs of intoxication. Officers may ask questions, monitor your behavior, and observe your coordination. If the officer believes signs of intoxication are present, the driver may be asked to conduct a field sobriety test.<\/span><\/p>\n If an officer has reasonable suspicion that you are driving under the influence, they may ask you to submit to a field sobriety test (FST). Officers may use several tests to determine whether a driver is impaired. FSTs assess cognitive function and motor skills, which can hint at whether a driver may have been drinking.<\/span><\/p>\n These are the most common FSTs used in Arizona:<\/span><\/p>\n With any type of test, keep in mind that an arresting officer will almost always present the results in court. Therefore, it\u2019s helpful to understand that submitting to these tests will rarely help your case in court, especially if you don\u2019t perform well.<\/span><\/p>\n The accuracy and reliability of field sobriety tests are often called into question\u2014even completely sober people have failed these tests because of their subjectivity. They\u2019re often not an accurate assessment of whether someone has actually been drinking.\u00a0<\/span><\/p>\n For example, even on their best day, some people do not have enough coordination to balance on one foot for 30 seconds. Factors like age, disability, or medications can all influence a person\u2019s ability to perform these tests.<\/span><\/p>\n Other conditions can impact the credibility of these tests as well\u2014weather, lighting, and road conditions can all make it difficult to perform the tests properly. Keep in mind that FSTs are different from a breathalyzer test, which is considered a chemical test.<\/span><\/p>\n The concerns around FSTs lead to questions surrounding their reliability and legitimacy. Tests by the National Highway Traffic Safety Administration <\/span>provided the following results<\/span>:<\/span><\/p>\n Clearly, these tests are far from 100% accurate. If you\u2019re charged with a DUI, it can be possible to have charges dismissed based on the subjectivity of these tests alone. With this being the case, it\u2019s important to know your rights so that you can avoid adding legitimacy to the charges.<\/span><\/p>\n If you\u2019re stopped at a DUI checkpoint, you have more rights than you may think. If you\u2019re asked to take a field sobriety test \u2013 including a breathalyzer or blood test \u2013<\/span> you\u2019re not legally required to perform the test<\/span>.\u00a0<\/span><\/p>\n If you\u2019re pulled over, Arizona law states that you\u2019re only required to provide officers with your name, driver\u2019s license, registration, and proof of insurance. There is no law that states you\u2019re required to submit to an FST, even if the officer tells you that it\u2019s in your best interest. Not taking a sobriety test is not an admission of guilt.<\/span><\/p>\n You have the right to turn down the test. However, if you\u2019re asked to step out of the car, you must exit the vehicle. Refusing to do so could lead to a charge. Be sure to follow all other instructions from the officer, including providing them with documents like your ID or registration.<\/span><\/p>\n Remember that anything you say can be used against you in court. Be wary of questions like, \u201cHave you been drinking this evening?\u201d If you respond stating that you only had a few drinks earlier, an officer can use this information to build the case that you may have been driving impaired.<\/span><\/p>\n You\u2019re not required to answer all questions. If an officer asks questions past what information you\u2019re required to give, you may politely state, \u201cI prefer not to answer questions.\u201d You should remain polite and respectful throughout the interaction.<\/span><\/p>\n Contact your attorney as soon as possible in order to avoid anything that could be used against you during your case.<\/span><\/p>\n Yes, you have the right to refuse FSTs at DUI checkpoints in Arizona. However, if you decline to take a sobriety test, the officer may arrest you under suspicion that you have been drinking and take you to the police station for further testing. Your refusal may also be used in court by the prosecution to state that you were afraid of failing the test.<\/span><\/p>\n If you refuse an FST, an officer will likely ask you to take a breathalyzer test, which will measure the presence of alcohol in your blood. Handheld breathalyzers are still not completely reliable, so the best option is often to avoid any testing until you reach the police station.\u00a0<\/span><\/p>\n A breathalyzer test is the most common chemical test, but a blood or urine test is also possible. These tests are far more accurate than an FST.<\/span><\/p>\n You have the right to decline chemical tests under Arizona law as well, but this can come with additional consequences. Refusing the chemical tests is often not recommended, as doing so brings a suspension of your driver\u2019s license for a minimum of 12 months.\u00a0<\/span><\/p>\n When you refuse a chemical test, the arresting officer will often obtain a search warrant, which will require you to take the chemical test anyway.<\/p>\n If you\u2019ve been arrested during a DUI checkpoint, it\u2019s important to know how the process works and what you can do after your arrest to minimize the impact of your charge.<\/span><\/p>\nHow Arizona DUI Checkpoints Work<\/h2>\n
\u200b\u200bTypes of Field Sobriety Tests Used in Arizona<\/h2>\n
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Accuracy of Field Sobriety Tests<\/h2>\n
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Your Rights at DUI Checkpoints<\/h2>\n
Can You Refuse a DUI Test in Arizona?<\/h2>\n
Getting Help After a DUI Checkpoint Arrest<\/h2>\n