Imagine having a great time at the Food & Wine Classic and the moment you get into your car and pull out of the parking lot you are pulled over. It is a windy day, but you only had one glass of wine and know you are sober. The officer steps up to the car and immediately asks you to step out of the vehicle to take a field sobriety test. As you are taking the test, you are knocked off balance by a gust and the next thing you know, you are in the back of a police car on your way to the station having been arrested for Colorado DUI. What happens now?
You Can Fail a Field Sobriety Test if You are Sober
What many people do not realize, or do not realize until it is too late, is that a perfectly sober person can fail a field sobriety test. In the example above, a small gust of wind blew and created a balance problem. To the officer, having just seen you leave the festival, you appear intoxicated. The fact is, though, that numerous outside influences can cause anyone to fail one of these tests.
It is for this reason that we strongly recommend refusing to take a field sobriety test if you are stopped. But, if you have already taken the test and failed (and were arrested for it), it is not the end of the world. A good DUI attorney will look at these tests and argue they are not fair, inviting failure far more often than success, especially for sober drivers.
Are Field Sobriety Tests Different from Chemical Tests?
Most people are under the assumption that if the officer makes a request, you have to do it. While we do not recommend becoming difficult with the officer, you have every right to refuse to take a field sobriety test. In fact, this includes taking a chemical test, such as a breathalyzer, in the field.
Chemical tests (performed at the station) are something completely different, though. Every state in the country is an implied consent state at this time. This means that while you can refuse to take a chemical test, such as a blood test or breathalyzer, you face automatic penalties for doing so. In most cases, first time offenders will lose their license for at least a year. You should also know these penalties are in place regardless of the outcome of the actual case in court.
Hiring a DUI Attorney in Colorado
If you have failed a field sobriety test, it may seem as though the deck is stacked against you, but you can even out the odds by hiring a Colorado DUI attorney. Here, you will be able to not only find the contact information for local attorneys but also submit your case details for a completely free evaluation by their DUI legal team. This is the first step in fighting the charges of your DUI arrest.
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.