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Denver DUI Field Sobriety Attorney
Field Sobriety Lawyer in Aurora, CO
Colorado DUI and Field Sobriety Tests
Field sobriety tests are optional, however most people believe they are legally required. Most people are also mistaken in thinking the tests are reliable. In actuality, these tests are only reliable 90% of the time when performed in a laboratory. When performed in a real life setting, by a non-expert police officer, in dim lighting, on the side of the freeway, with a person wearing improper footwear, the results can become less than 50% reliable. Even if you have taken and failed a field sobriety test, a Denver DUI attorney can still help provide you an excellent drunk driving defense.
Almost any Denver DUI lawyer will urge clients to never submit to field sobriety tests, no matter what a police officer tells them. Many police threaten DUI suspects with arrest if they do not take these tests. In reality, the police have already decided to arrest someone by the time they ask them to take a field sobriety test. These tests only serve to provide police with more evidence of your guilt. The subjective nature of these tests also means that no matter how well you think you did on the test, you will likely be considered to have failed.
There are only three field sobriety tests permitted for use in the courtroom and even these are easy for your Denver DUI attorney to prove they are unreliable. The three tests are:
- HGN: This test involves the officer holding a pen, flashlight or other stylus while you follow the object with your eyes. While this is the most accurate of all field sobriety tests, it can still be thrown off by the headlights of oncoming cars and prescription drugs.
- One legged stand: In this test, you will hold one foot a few inches off the ground in front of your body. You will then count out loud while trying to balance. Some people are naturally ill-balanced and cannot pass this test sober. Other people fall victim to poor footwear or uneven pavement while taking the test.
- Walk and turn. For this test, the officer will ask you to walk heel to toe for a few steps and then turn and walk back. If there are cracks in the pavement, you can easily fall and fail these tests. Similarly, high heels often result in poor balance during this test.
If you have been accused of drunk driving, even if you have failed the sobriety tests, please contact a skilled Denver DUI lawyer from The Law Offices of A Denver DUI Attorney.