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In addition to chemical testing of blood alcohol concentration (BAC) using breath, saliva, or blood samples, police officers in Denver also use field sobriety tests (SFSTs) during traffic stops to determine whether a driver is under the influence of alcohol or drugs. Unlike chemical tests, SFSTs are not always reliable indicators of intoxication, even when administered correctly. It is not uncommon for officers to conduct testing under less-than-ideal conditions.
Nevertheless, prosecutors can use your performance during these tests as evidence against you in court. Understanding how they work and the consequences of refusing to take them is important. With that in mind, here is an overview of field sobriety tests in Denver DUI cases and how an experienced DUI defense lawyer could help you effectively contest FST results and potentially even have them excluded from evidence against you.
There are three field sobriety tests that have standardized procedures established by the National Highway Traffic Safety Administration, making them the most commonly used by Denver police investigating suspected DUI cases. However, many other tests lack nationally standardized procedures, which can make their results easier to challenge in court with help from a qualified attorney.
In this test, a police officer asks a driver to follow a moving object with their eyes as it moves slowly from side to side. The goal is to detect involuntary jerking eye movements, known as nystagmus, which may indicate intoxication.
For this test, a driver must take nine heel-to-toe steps along a straight line, turn on one foot, and make the same trip back. There are several things the officer will look for during this test as indicators of impairment, such as loss of balance while turning or taking the incorrect number of steps.
As the name suggests, this test requires the driver to stand with one foot about 6 inches off the ground and count for 30 seconds. The officer will look for things like swaying, hopping, or using arms for balance.
Every driver in Denver has the right to refuse field sobriety tests during a DUI stop. Unlike chemical testing, refusing FSTs does not automatically result in administrative penalties, nor can it be used as implicit evidence of guilt.
However, officers who suspect someone is driving drunk can still place them under arrest or ask them to submit to chemical testing, so refusing an FST will generally not end a DUI traffic stop all on its own. As an experienced DUI lawyer can explain, there are also situations where voluntarily taking an FST may be in your best interest.
Field sobriety test results often play an important role in the prosecution’s case against individuals charged with driving under the influence. However, these tests are not always performed perfectly by police officers, and errors by law enforcement may create opportunities to challenge the results as part of your defense strategy.
Successfully handling field sobriety tests in Denver DUI cases can be difficult, especially if you try to do it alone. Call today to get support from a legal professional with extensive trial experience as both a prosecutor and a defense attorney.