You can refuse to submit to a field sobriety test without losing your driving license in Colorado, but refuse to submit to a blood test and you will most definitely need the aid of a qualified Colorado DUI attorney. Many drivers are unaware that they are not required by law to submit to a field sobriety test but readily submit to them when threatened with automatic driver's license suspension by an officer.
What Happens When You Refuse to Submit?
In Colorado, an officer must establish probable cause before he can arrest you and require you to submit to a blood or chemical test. The methods through this is done is through field sobriety tests. There are three types of field sobriety tests: Horizontal Gaze (HGN), Walk-and-Turn (WAT) and One-Leg Stand (OLS). A HGN test involves the officer asking a driver to follow a slowly moving object such as a small flashlight or pen horizontally with his eyes to see how well his eyes track a moving object. A WAT and OLS test are tests of balance and divided attention that involve requiring a driver to take nine steps, walking heel-to-toe, in a straight line, turn on one foot and then return in the same manner in the opposite direction. If the driver cannot maintain his balance without using his arms, turns improperly, fails to stay on the line, begins before the officer finishes giving instructions or takes more or less steps than instructed, he fails the test.
Field sobriety tests are voluntary, however, an officer may coerce you into taking one because your performance on them may be used against you in a court of law. This is why a seasoned Colorado DUI attorney can prove valuable in your defense. Part of a DUI attorney's job is to uncover any improper conduct on the part of law enforcement and ensure that every aspect of the arrest was done according to the law. Should your attorney determine that an officer conducted himself inappropriately, your DUI conviction could be thrown out.
Let an Experienced Colorado Springs DUI Attorney Fight for You
In Colorado Springs, DUI defense attorneys handle hundreds of DUI cases involving drivers coerced into field sobriety tests. According to Colorado DUI law, a driver can remain silent and even refuse to answer an officer's questions. He is required by law, however, to submit to a blood or chemical test at the police station or at a hospital. Refusal to do so can cost him his driver's license for a year. It is much better to submit to a blood/chemical test and let your Colorado DUI attorney handle the legalities is due to the fact that unlike field sobriety tests, blood/chemical are admissible in court and can be used against a driver.
Contact the law firm of Christian A. Schwaner, P.C. or call 719-387-0616 for a free initial consultation.
