§ 3.3 FIELD SOBRIETY TESTS (FSTS)

• Jurisdiction: Arizona

§ 3.3 FIELD SOBRIETY TESTS (FSTS)

Principle of Law: FSTs are relevant and admissible to show impairment and evidence of alcohol consumption. A defendant's refusal to perform field sobriety tests is admissible in court. However, the results of FSTs are not admissible to estimate a defendant's BAC.

§ 3.3.1 General

State v. Lee,184 Ariz. 230, 233, 908 P.2d 44, 47 (App. Div. 1, 1995)

FSTs are nontestimonial in nature and therefore Miranda warnings are not required prior to administering the tests.

§ 3.3.2 FSTs Are Permissible Limited Searches

State v. Superior Court (Blake),149 Ariz. 269, 718 P.2d 171 (1986)

Officers are permitted to conduct a carefully limited search when nothing in the initial stages of the stop serves to dispel the officer's reasonable suspicion. This limited search may include observing the driver's conduct and performance of standard, reasonable tests to determine if the driver is under the influence. The duration and atmosphere of the usual traffic stop make it more analogous to a Terry stop than to a formal arrest.

§ 3.3.3 Alphabet and Number Test

State v. Superior Court (Spears),154 Ariz. 275, 742 P.2d 286 (App. Div. 2, 1987)

Requiring the recitation...