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- posted: Apr. 20, 2025
- DUI/DWI
In Colorado, when a driver is halted on suspicion of driving under the influence (DUI), they possess the option to decline participation in field sobriety tests without incurring legal repercussions. Moreover, there are compelling practical reasons for doing so.
Field sobriety tests are designed to evaluate a driver's physical and cognitive functions to determine impairment. Commonly administered tests include the walk-and-turn test, which assesses balance and the ability to follow instructions; the one-leg stand test, which measures balance and coordination; and the Horizontal Gaze Nystagmus (HGN) test, which observes the involuntary movement of the eyes as they track a moving object.
Opting to undergo a field sobriety test typically aids the police officer in gathering evidence of intoxication. These tests are inherently subjective and depend significantly on the officer's judgment of the driver's performance. The outcomes of these tests can establish probable cause for an arrest and might be used in court as evidence of impairment. By refusing to take these tests, a driver can reduce the amount of evidence available against them.
There are no legal penalties, such as license suspension, for refusing field sobriety tests. The opposite is true for chemical tests, such as breath or blood tests, which determine blood alcohol concentration (BAC). Colorado's implied consent law stipulates that by operating a vehicle on public roads, drivers implicitly agree to undergo these chemical tests if lawfully requested by an officer. Declining to take a breath or blood test results in significant consequences, including an automatic suspension of the driver's license for a minimum of 12 months, with possible extensions for repeated offenses. Furthermore, such refusal can be presented as evidence in court. Although not a criminal offense in itself, refusal can lead to administrative penalties and complicate a driver's defense in a DUI case.
If you find yourself stopped for suspected drunk driving in Colorado, you should stay composed, be courteous and provide the necessary documents like your driver's license, vehicle registration, and proof of insurance. It is advisable to avoid making any statements regarding alcohol consumption or impairment. Politely decline to answer questions about your recent whereabouts or alcohol intake, and assert your right to consult with a DUI defense attorney promptly. Refusing to take the test may still result in arrest on suspicion of DUI, but you will not have provided self-incriminating evidence.
If you’ve been arrested and charged with DUI in Colorado, a defense lawyer from Polansky Law Firm in Boulder can represent you throughout the legal process and build a strong defense on your behalf. Call us at 303-415-2583 or contact us online to schedule your initial consultation today.
