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CAN I REFUSE DUI ROADSIDE SOBRIETY TESTS?

On Behalf of | Apr 28, 2021 | Firm News

Can I refuse DUI Roadside Sobriety Tests? By Peter B. Albani, Defense Attorney, Denver, Fairplay and Breckenridge.  

PETER ALBANI IS A PREMIER DUI DEFENSE ATTORNEY – CALL (303) 753-0900

Any driver who is stopped for suspicion of DUI in Colorado will be asked by the Officer to exit the vehicle and complete a series of roadside field sobriety tests. Asking the driver to submit to these tests is part of the Colorado DUI Officer’s protocol. These tests are inherently unfair and will place the driver in a negative light.

ROADSIDE FIELD SOBRIETY TESTS ARE NOT MANDATORY.

YOU CAN REFUSE THE REQUEST TO SUBMIT TO THESE TESTS.   YOU DO NOT NEED TO AGREE WITH THE OFFICER’S REQUEST. Call (303) 753-0900.

The idea behind roadside field sobriety tests is for the officer to gain direct evidence that the driver of a vehicle is intoxicated. These field sobriety tests can provide valuable evidence in the form of observations that the driver appears to be intoxicated. Having defended DUI cases for more than 35 years, I can tell you that these tests are inherently flawed.  The officer’s observations can be tainted by the unfair nature of these tests.

A driver who has had nothing to drink is likely to fail each of these tests. Unless you are a world class gymnast or a trained ballerina, you are going to fail these tests. These tests are designed to deprive you of your center of balance. When of balance, your body attempts to regain the lost center of balance. This is a natural reaction. Your movements to regain balance are taken by the Officer as a failure to properly perform the test.

Fighting a DUI arrest is a daunting task. During a 35 plus year legal career, Peter Albani has successfully defended one thousand DUI cases. Don’t delay. Call (303) 753-0900. 

COMMON ROADSIDE SOBRIETY TESTS

Horizontal gaze nystagmus test or HGN: In almost all DUI cases, the first roadside sobriety test offered will be the horizontal gaze nystagmus test. With the HGN test, the officer shines a pen light in your eyes and then moves the pen back and forth in front of your face. The officer will later claim in court that he was looking for involuntary movements in your eyes that are triggered by alcohol use. The officer will somehow claim that from watching your eyes, he can determine your level of intoxication. This sounds like voodoo science. This test is wide open to attack by a trained DUI attorney.

Raising one leg: The Police Officer will instruct you to raise one leg and to count off 30 seconds or more. Try this at home. Someone who is completely sober is likely to struggle with this test. Keep in mind that the surface on the side of the road is rarely level. This test immediately removes the center of balance. It is almost impossible to get your balance back without putting the raised leg down.

Walk and turn: You will be instructed to walk heel to toe in an imaginary straight line with your arms at your side. You are to then pivot on your heel and walk back. Your natural inclination is to raise your arms and to walk normally. When you do so, the Officer will claim you failed this test.

Finger to the Nose:  You may be asked to hold your arms wide and draw your index finger to your nose.  This is not an easy task in the best of circumstances. If you do not touch the precise tip of your nose with both index fingers, then the Officer will say you failed.

ROADSIDE SOBRIETY TESTS ARE INHERENTLY UNFAIR. · POLITLEY SAY NO AND DON’T DO THEM.   Call (303) 753-0900.

Defending a DUI charge requires far than simply understanding of Colorado’s DUI laws. An experienced DUI attorney will come to understand how the Police Officer was trained, the Officer’s bias, and what the Officer is really trying to do. A successful defense requires the Attorney to show the jury the jury the flaws in the Officer’s thinking.

I have over 35 years of experience. I know how the Officer was trained in DUI tactics. I know how to cross-examine the Officer’s findings.  I can help you defend your case. My understanding of the DUI process has allowed me a large measure of success in defending DUI cases. ALBANI LAW IS A PREMIER DUI DEFENSE FIRM. Call (303) 753-0900. For a free consultation on a DUI charge, contact Albani Law at (303) 753-0900.