Many DUI and DWAI arrests and convictions hinge on the results of field sobriety and breath tests administered by police during a traffic stop. Considering how central to many DUI cases these tests are, it is surprising how little most defendants know about these tests, and their related legal rights.
What field sobriety and breath tests entail
The police may conduct a series of standardized field sobriety tests during a traffic stop to determine whether the driver might be under the influence. The most common field sobriety tests include:
?? The horizontal gaze nystagmus (HGN) test , where the officer gauges the ability of the subject to follow a slow moving object with his or her eyes. The officer will look for nystagmus or jerking of the eyes during this maneuver.
?? The walk-and-turn test, which gauges the ability of the subject to understand and execute simple instructions while performing balancing and coordination tests.
?? The one-leg stand test, which has similar goals to a walk-and turn test.
A driver can refuse to take a field sobriety test with no legal penalty, as there is no implied consent to a field sobriety test. Again, SFST’s or standardized field sobriety tests are completely voluntary in Colorado.
A standard breath test is most often conducted at a police station. This test requires the driver to breath into a Breathalyzer, which analyzes the Blood Alcohol Content (BAC) of the subject. A driver on a public road may refuse to take a standard breath test, but this usually results in a mandatory license suspension. In Colorado, you have the option of choosing between a blood or a breath test. The breath test on the side of the road is not your official breath test and in voluntary.
How reliable are these tests?
This is where reputable experienced Colorado DUI lawyers can make all the difference in your case. A field sobriety or breath test is only effective if administered correctly and even then the science behind these tests is pseudo-science at best.
In fact, the reliability of a field sobriety test depends on many factors, such as:
?? Where was the test administered?
?? Did the subject of the test have any medical conditions that might affect the outcome?
?? Did the police officer give proper instructions during the test?
Other common issues also call into question the reliability of Breathalyzer tests.
Since these tests can form the core of a DUI charge, a reputable attorney with experience invalidating the results of these tests can mean the difference between victory and defeat in court.
Help from an experienced Colorado DUI attorney
The attorneys at The Orr Law Firm, L.L.C. have worked over 2,000 DUI and criminal traffic cases, earning a reputation as one of the top DUI defense firms in Colorado. To learn more about Rhidian Orr and his staff of trained professionals, visit our website or contact The Orr Law Firm for a no obligation, free consultation to discuss your case and the facts surrounding it.
Reputable experienced Colorado DUI lawyers can make all the difference in your case. A field sobriety or breath test is only effective if administered correctly and even then the science behind these tests is pseudo-science at best.
