Colorado law makes it clear. Drinking and driving do not mix, and if you are found to have engaged in alcohol or drugs prior to getting behind the wheel, police officers will use every strategy they can to hold you accountable. One of the first steps in that process is a field sobriety test. These are tools officers use to determine if a person behind the wheel of a car is under the influence.
You should know your rights if you are required to conduct a field sobriety test. Most often, these tests are voluntary, which means that you can refuse to complete them without facing a penalty for doing so. However, your Garfield County DUI attorney at Troxell Law may suggest that you complete the tests since refusal to do so could cause more complications if you are charged with a DUI.
What Types of Field Sobriety Tests Exist?
There are three standardized field sobriety tests used by law enforcement in Colorado. Those include:
- Horizontal gaze nystagmus (HGN): In this test, you will be asked to move your eyes back and forth from side to side without moving your head. You will need to follow the motion of the law enforcement officer, such as their use of a pen moving back and forth. The objective is to determine if your eyes are able to track smoothly or if they are jerky.
- One-leg stand (OLS): In this test, the police officer will require you to stand with your feet together and arms at your sides, before raising one foot about six inches off the ground. You will need to look at your foot, and count for 30 seconds. If you sway, use your arms to balance, or hop, that could mean you are intoxicated. Putting your foot down also can lead to a failed test.
- Walk-and-turn (WAT): In this field sobriety test, you will need to stand with your feet in a heel-to-toe position. Keep your arms at your side. Then, you will need to take nine similar steps back, while counting those steps out loud as you move. This test requires you to divide your attention evenly. If you start too soon, cannot balance, step off the line, or stop while walking, that may lead to a failed test.
These tests are considered accurate not just in Colorado but also across the National Highway Traffic Safety Administration. However, even when done properly and in the ideal situation, such as with plenty of light, they are not always accurate and in some cases may be wrong as often as a third of the time.
It is important to note that your criminal defense attorney will work with you to determine if there are any strategies to defend against such claims. For example, a person who is overweight may struggle to balance. A person who has mobility concerns or trouble with an illness may also not be able to complete the test. Working with your criminal defense attorney can help you determine what defense strategies may apply in your case.