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 January 27, 2012
Field Sobriety and Implied Consent
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The Field Sobriety Test
Field sobriety tests are physical tests that a driver may be asked to perform if the officer suspects he/she may be driving under the influence. These tests may include walking a straight line, standing on one foot, counting fingers, touching finger to nose, reciting the alphabet or numbers, or the horizontal gaze nystagmus (HGN) eye test (where the driver is asked to follow the tip of a pen moved in front of his/her eyes).

There is no penalty for refusing to perform these tests!

Implied Consent Law
Any person who operates a motor vehicle in Arizona, and is arrested for an offense related to drinking and driving, is presumed to have given consent to a test of breath, blood, urine, or other bodily substances, for the purpose of determining alcohol concentration.

The police officer has the power and authority to determine what kind of test the driver must take, and can require more than one test.

If a driver refuses to submit to a test (usually breath or blood), the officer is authorized to obtain a search warrant and forcibly remove a bodily substance for the purpose of determining alcohol concentration (usually in the form of a blood test).

If a driver refuses to submit to a alcohol concentration test, his/her driver’s license will be suspended for up to twelve (12) months.


About the Law Firm
Alfred McDonald is a graduate of the University of Arizona College of Law, and is licensed to practice in both state and federal court.

Blood Alcohol Charts
Alcohol affects individuals differently, so it's important to know how much and the concentration of alcohol you consume.
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