blog DUI Should You Agree to a Field Sobriety Test?

Should You Agree to a Field Sobriety Test?

By Colorado Attorney-at-law on November 17, 2021

In Colorado, a police officer who pulls you over for suspected intoxication has the right to request that you submit to certain tests. However, a field sobriety test is also voluntary on your part, and you can refuse to submit to one. Still, doing so can have consequences.

Should you agree to a field sobriety test, any errors in the testing procedure or perceived results could have immediate and long-term consequences. Our DUI team can help you fight the resulting charges and build a credible defense so you can hold on to your driver’s license, avoid points on your license, and maintain a career that depends on an unblemished driving record.

Consequences of Refusing to Take a Field Sobriety Test

According to CO Rev Stat § 42-4-1301, refusal to cooperate and submit to sobriety testing can result in charges for DUI (driving under the influence) or DWAI (driving while ability impaired). Further, the prosecution can use your refusal against you if your case goes to trial.

Per Colorado Department of Law guidelines, field sobriety tests can include:

  • Horizontal Gaze Nystagmus (HGN) tests
  • Walk and turn tests
  • One leg stand tests

While you can refuse one or all of these tests, you cannot refuse to take a chemical test that measures your blood alcohol concentration (BAC). Officers can administer BAC tests if they believe drugs or alcohol have compromised your ability to operate your vehicle safely.

If you or a loved one was arrested for refusing to cooperate with a field sobriety test—or failing a chemical analysis of your blood, urine, or breath—we can help. Our team can challenge the probable cause that led to your traffic stop in the first place. We can also challenge BAC testing equipment, calibration, and results.

Our Law Firm Can Fight the Charges if You Were Arrested

If you did not agree to a field sobriety test and were subsequently arrested, you could face the loss of your driver’s license, incarceration, and fines. Our DUI defense lawyers can fight the charges against you or work with the prosecution to arrange a plea deal that lessens the potential penalties of your case. When we handle your defense, you can benefit from:

  • A free initial consultation
  • Ongoing updates on your case
  • Our familiarity with DUI law
  • Our extensive trial experience

Our team believes in providing open, honest communication about your case and its possible consequences. That means we tell you what you need to hear and prepare a solid case to help us achieve the best possible outcome.

See What Others Say About Our Criminal Defense Team

When you put your criminal case in our hands, we go to bat for you. Our attorneys offer a no-cost, 30-minute phone conversation to become familiar with your case and its details. Previous clients say:

  • “Ehren was awesome to work with. Had answers to all my questions and was very on top of my case. I don’t plan on needing legal services again, but if I did, I would call Ehren again right away!” — Stephen D
  • “Ehren was absolutely amazing at handling our sticky legal case. He was extremely professional, efficient, and knowledgeable. I highly recommend Ehren and his law firm for any legal issues you may be facing.” — M. Lam
  • “If you’re in Summit County and you need legal representation…you should call Kylie! I felt that she worked hard for my case and took time to explain what she did, why she would do it, and what the best course of action is. 5 stars!” — Skyler A.

Charges for refusing to submit to a field sobriety test can be difficult to defend on your own. We can help by fighting for your right to refusal and building a strong defense against DUI or DWAI charges.

Review Your Case with Our Team Today

You have a right to defend yourself in the face of traffic charges. If an officer in Colorado pulled you over for suspected drunk driving and you did not agree to a field sobriety test, we can help you build a defense plan.

Find out what our attorneys have to offer your case by calling Whitaker & Penix, LLC at (970) 368-0602 today. A complimentary case review with our team awaits.

Posted in: DUI