Understanding Colorado DUI Field Sobriety Tests

There are several DUI field sobriety tests used by police in Colorado. The most common tests used are the One Leg Stand, the Walk and Turn and the Horizontal Gaze Nystagmus Test. Though many drivers believe they are obligated to participate in these tests when stopped by an officer, that is not the case. If you decline to take the Colorado DUI field sobriety tests, yet you are arrested for a DUI, our experienced attorneys will guide you through your trial.

While many people believe they should not be worried about taking DUI field sobriety tests if they have not consumed an abundance of alcohol, the testing does not always work in one’s favor. It is not necessarily easy for one to pass these tests, which often include balancing in the midst of a stressful situation. In addition, a police officer is not looking to give you the benefit of the doubt in these circumstances. If you decline a test and you are arrested, you need a good Colorado DUI attorney who will work with you to show the jury how biased the tests are against drivers, regardless of whether they are under the influence of alcohol or not.

There are strict rules and procedures for police officers when they are administering DUI field sobriety tests. If these procedures are not followed properly, the test results may not be admissible or considered reliable in court. An officer is required to give you specific instructions prior to testing, as well as demonstrate the test you are being asked to perform. They are also expected to score you in an objective manner. While these are the expectations under the Colorado DUI laws, this is not how the tests are always carried out. Police make mistakes, ignore the rules, or communicate the test in a way that leaves you at a disadvantage.

Many times, police use tests that are not in sync with the Standardized Field Sobriety Tests put together by the National Highway Traffic Safety Administration. As a result, the federal government considers those tests unreliable. Police also will often incorporate their own subjective opinions into the results, rather than relying on an objective scoring assessment. Using an experienced Colorado DUI attorney is beneficial when these cases go to trial, as your attorney can recognize and call attention to these types of testing issues.

When you are arrested for a DUI in the state of Colorado, the burden of proof is on the police and the prosecution. It is a good idea to be knowledgeable on the Colorado DUI laws so you know the proper testing and procedural expectations, and hire a lawyer who is experienced in the field. Oftentimes police will pressure you into taking DUI field sobriety tests that are not reliable or properly administered, and you need to know your rights to lead you to the best possible outcome.