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.

Lee E. Christian Law – Fort Collins Law Firm

About Us
Contact Us
Drug Possession
Drug Trafficking
DUI/DWAI Offenses
Home
Practice Areas
Resources
Reviews
Terms and conditions

Roadside Sobriety Test

Lee E. Christian Law – Fort Collins Law Firm

About

Team
History
Careers

Privacy

Privacy Policy
Terms and Conditions
Contact Us

Social

Facebook
Instagram
Twitter/X

Designed with WordPress