{"id":9090,"date":"2023-12-01T09:00:21","date_gmt":"2023-12-01T16:00:21","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?page_id=9090"},"modified":"2023-12-01T12:42:58","modified_gmt":"2023-12-01T19:42:58","slug":"arizona-dui-checkpoints-laws-and-rights","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/arizona-dui-checkpoints-laws-and-rights\/","title":{"rendered":"Phoenix DUI Checkpoint Laws and Your Rights"},"content":{"rendered":"
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><\/a> 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>\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