What to Expect from a Colorado Field Sobriety Test

If you are stopped on suspicion of drunk driving or drugged driving in the Denver area, the law enforcement officer who stops you might want you to get out of your car and participate in a test known as a field sobriety test. While there are a range of field sobriety tests that have been developed and may be employed in different locations, Colorado law enforcement officers use three types of field sobriety tests that are the standardized field sobriety tests according to the National Highway Traffic Safety Association (NHTSA). Although the three standardized tests used in Colorado are generally understood to be the most reliable of the types of field sobriety tests that have been developed, research suggests that they are not tests that can definitively determine a person’s level of intoxication.

It is critical for you to know that you do not need to consent to a field sobriety test in Colorado. Under Colorado law, expressed consent does not include submission to a field sobriety test, or to a chemical test prior to an arrest. As such, you can decline to take a field sobriety test and you will not face any penalties associated with a refusal. To make clear why these tests are problematic, and to ensure that you have clear information about what is involved in them, our Denver DUI defense lawyers can tell you more about what to expect from each of the three types of field sobriety tests employed in Colorado.

Horizontal Gaze Nystagmus 

This is the first and among the most commonly used standardized field sobriety tests in Colorado. With this type of test, you will be asked to follow a moving object with your eyes, with the law enforcement officer observing you with passes for both eyes. The idea is that as you track the object with your eyes, your eyes will involuntarily jerk if you have consumed alcohol. You are unable to feel your eyes jerk and alcohol tolerance does not affect whether your eyes will jerk. There are many reasons beyond alcohol or drug impairment that you could fail this test. The most common basis for allegedly failing this test is the improper administration of the test by the law enforcement officer.

Walk and Turn 

The walk and turn is another type of standardized field sobriety test in Colorado. You will be asked to walk in a straight line, with each foot to heel, for nine steps, and then to turn in a prescribed manner. The idea is that you will not be able to balance, walk in a straight line, and follow the instructions if you are impaired. As with the horizontal gaze nystagmus test, there are many reasons beyond impairment that a person can fail this test.

One Leg Stand 

This is the third type of standardized field sobriety test used in Colorado. As the name suggests, a law enforcement officer will ask you to stand one leg and count. The idea is that you will not be able to balance or stand upright without putting your other foot down if you are impaired. Many of the same reasons that people fail the walk and turn (other than impairment) also apply to the one leg stand. Additionally, the officer is timing you to see how slow or fast you are counting. If you count to 15 seconds over the span of 30 seconds, it may be an indicator your internal clock is slow because you are under the influence of a CNS depressant like alcohol.

Contact a Denver DUI Defense Lawyer 

The best defense to attacking the officer’s opinion of your performance on these tests is understanding the tests better than anyone in the courtroom. DeChant Law assures we know these tests inside and out so we can identify why the tests performed are not reliable. Attorney Reid DeChant has attended the same class the officers attend to learn how the tests are supposed to be administered and is a standardized field sobriety test practitioner.

You should keep in mind that field sobriety tests do not provide clear and accurate measures of every person’s intoxication. Indeed, as researchers report in the journal Law, Probability and Risk, the statistics on field sobriety tests suggest that these tests do not accurately predict a person’s impairment when a person fails a test. If you agreed to a field sobriety test and are now facing DUI charges after failing the field sobriety test, it is essential to start working on a defense. One of the experienced Denver DUI defense lawyers at DeChant Law can speak with you today about your options.

Sources:

nhtsa.gov/sites/nhtsa.gov/files/documents/sfst_ig_refresher_manual.pdf

academic.oup.com/lpr/article-abstract/20/1/1/6446141?redirectedFrom=fulltext