Roadside Sobriety Tests

When police officers in Colorado pull someone over for a suspected DUI or DWAI charge, they will typically ask the person to perform a voluntary roadside sobriety test. Voluntary means you do not have to participate. Officers will usually attempt to use these tests as evidence to prove their case, rather than evidence to release you. If you are faced with a drunk driving charge, you need an experienced DUI attorney in your corner.

It’s not a secret that DUI charges can be costly. However, when you weight the costs of hiring an experienced DUI attorney versus risking your future by waiting for the consequences of a drinking and driving charge or entrusting your fate to an unproven lawyer.  I have been helping clients fight criminal DUI charges for more than 30 years.

Am I Required to Submit to a Sobriety Test?

At the law firm of Liggett, Johnson, & Goodman, PC, I am very familiar with all of the different roadside maneuver tests used by different agencies across Colorado. These tests include:

  • Nystagmus test
  • Walk and turn
  • One-legged stand
  • Romberg’s test
  • The alphabet
  • Counting backwards
  • Finger to nose test

There are no legal consequences for refusing to take a portable breath test on the roadside. If you do not perform the roadside tests the officer must decide whether to arrest you based on his or her visual appraisal of you. This results in the police having significantly less evidence to use against you in court.

Suppressing Evidence to Minimize Your Consequences

As a Fort Collins sobriety tests attorney, I fight to have your charges of driving while ability impaired (DWAI) or driving under the influence (DUI) dismissed. If the charge cannot be dismissed, I see to it that you receive minimal consequences. By using my strong negotiation skills and my reputation as a proven litigator, I work to have evidence against you suppressed. If I am unable to suppress the evidence, my goal is to explain how other factors present at the time contributed to your roadside test results. There are many reasons why you may have done poorly on a roadside sobriety test, including nerves and health conditions.

After being arrested, the consequences for refusing blood or breath tests increase. The express consent laws become very complex and it is critical to have a skilled attorney who will protect your rights.

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