Fort Collins Roadside Sobriety Test Attorney

EFFECTIVE CRIMINAL DEFENSE STRATEGIES

Looking at a second or third DUI can feel devastating. Not only can it create feelings of guilt, but a lot of insecurities surface. Fears of jail time, loss of a driver’s license and the impact on maintaining a job make moving forward seem uncertain at best and impossible at worst. Working as a Fort Collins repea DUI offense Lawyer, I’ve seen how multipl DUI charges can affect someone. When a person already has one or more prior DUI/DWAI convictions on his or her record, the penalties for this new offense increase.

Having a prior DUI conviction on one’s record may lead the prosecuting attorney, law enforcement, and the judge to believe that it is necessary to make a point at sentencing. What you need is hope and a way to maneuver through this maze, not stiffer consequences.

Any person, no matter their past track record, deserves a chance to make changes. I’m here to be your advocate, to focus on the positive and provide competent legal representation for you.

Fort Collins Roadside Sobriety Tests Infographic

Am I Required to Submit To A Sobriety Test?

At the law firm of Lee E. Christian Law, I am very familiar with all of the different roadside maneuver tests used by different agencies across Colorado. These tests include:

∙ Nystagmus test
∙ Walk and turn
∙ One-legged stand
∙ Romberg’s test
∙ The alphabet
∙ Counting backwards
∙ Finger to nose test

These tests are voluntary and you do not have to take them. Additionally, there is no legal consequence for refusing to take a portable breath test. This test is voluntary and is offered by the Officer to help him determine whether to arrest you. If you do not perform the roadside tests the Officer must decide whether to arrest you based on your driving behavior and how you behave during your contact with the Officer. This results in the Officer having significantly less evidence to use against you in court.

Reviewed for legal accuracy by Lee Edward Christian on September 14, 2026

Frequently Asked Questions

In 2026, is the HGN eye test considered “expert” evidence in Colorado, and can it be challenged?

Often, yes. The Colorado Supreme Court held in Campbell v. People that, on the facts of that case, an officer’s testimony about HGN results was expert testimony under Colorado Rule of Evidence 702 and the trial court erred by not requiring expert qualification (the error was found harmless there). That means HGN can be challenged on foundation, training, and whether the test was administered consistently with standardized methods.

Can I refuse a roadside sobriety test in Fort Collins?

Yes, you can refuse a roadside sobriety test in Fort Collins, but doing so may have legal consequences. Refusing a roadside test can lead to your arrest and potentially be used against you in court. Colorado's "express consent" law means that by driving, you've implicitly agreed to submit to chemical tests if lawfully arrested for DUI. Refusal of these tests can result in an automatic license suspension and other penalties. Our experienced attorney can help you understand your rights and the potential implications of refusing a sobriety test.

How accurate are roadside sobriety tests in determining impairment?

Roadside sobriety tests, such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus, are not always entirely accurate in determining impairment. Various factors, including physical conditions, nervousness, or uneven surfaces, can affect performance on these tests, leading to false positives. While these tests are used by law enforcement as initial indicators of impairment, they are subjective and can be challenged in court, particularly if not administered correctly. If you believe that a sobriety test was improperly conducted or interpreted, it is important to discuss your case with an attorney in Fort Collins.

How can an attorney help challenge the results of a roadside sobriety test in Fort Collins?

An attorney can help challenge the results of a roadside sobriety test in Fort Collins by scrutinizing the conditions under which the test was administered, such as weather, road surface, and your physical condition. They can also question the officer's training and experience in administering the test, as well as the subjectivity of the test results. By highlighting these factors, an attorney can argue that the test results are unreliable, potentially leading to a reduction or dismissal of charges. In Fort Collins, these tests are often used as primary evidence in DUI or DWAI cases, but they are not infallible. An experienced attorney can help build a strong defense by scrutinizing every detail of the test.

Are roadside sobriety tests mandatory in Colorado?

No. Unlike chemical tests under Colorado’s express consent law, roadside field sobriety tests are voluntary. Officers may not tell drivers this, leading many to believe they are required. Declining to perform them cannot directly result in license suspension. However, refusal may make officers more suspicious and could lead to arrest. Defense attorneys often challenge the reliability of these tests in court. Knowing your rights can prevent unnecessary self-incrimination.

How can environmental factors affect roadside sobriety test results?

Weather conditions, poor lighting, uneven pavement, or traffic noise can make it difficult to perform tests accurately. These external factors may lead officers to misinterpret normal behavior as signs of impairment. Courts recognize that such conditions reduce test reliability. Video evidence or witness testimony can highlight these issues. Attorneys often argue that performance was influenced by the environment, not intoxication. This can significantly weaken the prosecution’s case.

Can physical disabilities or injuries impact performance on sobriety tests?

Yes. Conditions like back injuries, balance disorders, or inner ear problems can interfere with tasks like walking heel-to-toe. Officers may overlook these issues and assume poor performance means impairment. Medical documentation can explain difficulties unrelated to alcohol or drugs. Defense attorneys frequently use this evidence to challenge test results. Courts are more likely to dismiss unreliable evaluations when health conditions are proven. A thorough defense accounts for these personal factors.

What should I do if I fail a roadside sobriety test in Fort Collins?

Failing a roadside sobriety test in Fort Collins can be a stressful experience, but it does not necessarily mean you will be convicted of a DUI or DWAI. There are many legal defenses that an attorney can explore, such as questioning the validity of the test, the officer's instructions, or the environmental conditions at the time of the test. If you have failed a sobriety test, contact us immediately to discuss your defense options.

Additional Information in Fort Collins

Colorado Department of Revenue - The DUI Process: Explains the steps and legal proceedings that follow a DUI arrest, including administrative and criminal actions. It covers the timeline for license suspension, hearings, and the distinction between administrative penalties and criminal charges. For a sobriety test defense case, this site is useful in understanding the procedural aspects and deadlines, which an attorney can use to challenge the process or question whether proper procedures were followed.

National Highway Traffic Safety Administration - DWI Detection and Standardized Field Sobriety Test Resources: Comprehensive resources provides information on the training and procedures used by law enforcement to administer field sobriety tests. It includes guidelines and standards for evaluating impairment based on specific tests, such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus. This resource can help in a sobriety test defense case by identifying potential flaws or deviations from standard procedures, which can be used to challenge the validity of the test results in court.

Very Well Mind - Field Sobriety Tests to Assess Drunk Driving: Overview of common sobriety tests, such as the walk-and-turn and one-leg stand, used by police to assess impairment. It discusses how these tests are designed, the factors that can influence performance, and the potential for inaccuracies. For a sobriety test defense case, this site can help identify weaknesses in the tests, such as external factors or physical conditions that may lead to false positives, which an attorney can use to challenge the test results.

Suppressing Evidence to Minimize Your Consequences

As a Fort Collins sobriety tests attorney, I fight to have your charges of driving while ability impaired (DWAI) or driving under the influence (DUI) dismissed. If the charge cannot be dismissed, I see to it that you receive minimal consequences. By using my strong negotiation skills and my reputation as a proven litigator, I work to have evidence against you suppressed.

If I am unable to suppress the evidence, my goal is to explain how other factors present at the time contributed to your roadside test results. There are many reasons why you may have done poorly on a roadside sobriety test, including nerves and health conditions.

After being arrested, the consequences for refusing blood or breath tests increase. The express consent laws become very complex and it is critical to have a skilled attorney who will protect your rights.

TESTIMONIALS

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   Omar Rodriguez 
 
 
 
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I would recommend him without reservation-
  
 
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   Kyle Black 
 
 
 
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   Asa Gomez 
 
 
 
 Trustindex verifies that the original source of the review is Google. David Johnson has represented me for this past year, and throughout my legal proceedings he has been dedicated and motivated to provide me with the best council. Renowned in Larimer county, his reputation carries weight in the courthouse and and it was reassuring to hear from others how hard he works for his clients.
  
 
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 Trustindex verifies that the original source of the review is Google. Great experience with David Johnson! 5/5 would recommend to a friend! His assistant was wonderful, and David would always be quick to respond back to me/get ahold of!
  
 
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   John Newman 
 
 
 
 Trustindex verifies that the original source of the review is Google. I received a DUI charge while visiting Colorado from Tennessee, but was set to move to Arizona 4 months later, making my case quite complicated. David and his team helped me navigate the ins and outs of what was required of me at each step and negotiated a shorter probationary period than what is typical for the circumstances of my case. Additionally, I was told my the probation department that how my case was resolved was much cleaner and advantageous than they had seen for similar cases in the past. I would recommend David to anyone in the Loveland-Fort Collins area.

Jane Doe,

Please accept my/our most heartfelt thanks for your representation. The gift of your time will not be forgotten, nor your words of wisdom.

Jane Doe,

I appreciate all of your hard work through this mess of mine. I am so fortunate to have found you. I can’t nearly express the amount of thanks I have.

Jane Doe,

You saved my life. I am forever grateful. Happy Holidays.

Jane Doe,

Thank you for your legal services. At the height of our legal issue, you were calm and helped us feel calm. You helped us through a difficult time in our life. God bless you.

Jane Doe,

Thank you so much for going out of your way to help me with my ticket. I really appreciate it. Thanks again.

Jane Doe,

Jon’s a good friend of mine. I hired him to handle my personal injury case. When I told him the insurance company hadn’t offered anything (including to pay my hospital bills), he was taken aback. He handled the case from beginning to end and we settled with the insurance company for $50,000.

Jane Doe,

I appreciate your help to finish a fight that I certainly didn’t ask for. Your kindness and professional help got me through it all. Thanks Again.

Jane Doe,

We just wanted to thank you and your office for everything you have done for our family! You really helped save our year! Thanks a million.

Jane Doe,

Your prompt attention and response to my situation is greatly appreciated. You are the best!

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Contact A Fort Collins Attorney That Cares

Thank you for your interest and considering for using Lee E. Christian Law, for your legal representation needs. I encourage you to reach out to me with any questions you may have. As an attorney that cares, I want to see all of our clients’ lives move beyond the temporary pain of legal action.

If you'd like to schedule a free consultation, please give me a call using the contact information below. I look forward to helping you.

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Fort Collins Roadside Sobriety Test Attorney

Am I Required to Submit To A Sobriety Test?

Frequently Asked Questions

Additional Information in Fort Collins

Suppressing Evidence to Minimize Your Consequences

What Do Our Clients Say?

Latest News & Articles

What Is Colorado's Express Consent Law?

When Is an Ignition Interlock Device Required After a Colorado DUI?

How Does the Amount of Drugs Possessed Affect a Drug Charge in Colorado?

Contact A Fort Collins Attorney That Cares

Request Case Evaluation

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