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Roadside Sobriety Test

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.

Am I Required to Submit To A Sobriety Test?

At the law firm of Liggett, Johnson, & Goodman, PC, 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.

Frequently Asked Questions

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.
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.
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.
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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Contact A Fort Collins Attorney That Cares

Thank you for your interest and considering for using David H. Johnson, Attorney at 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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(970) 404-8884
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Helping clients in FORT COLLINS and throughout Northern Colorado.
Address:
419 Canyon Avenue #226
Fort Collins, CO 80521
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