Challenging A Roadside Test
When drivers are pulled over on suspicion of driving under the influence (DUI), driving under the influence of drugs (DUID) or driving while ability impaired (DWAI), a police officer may request to conduct a roadside sobriety test. These roadside tests are voluntary, which means you have the right to refuse them. If you do choose to complete the roadside test, law enforcement will aggressively use any positives to pursue a conviction. Nevertheless, these tests are largely subjective and not always accurate.
The highly skilled lawyers at Fuller & Ahern, P.C. have successfully challenged the results of these tests in numerous DUI cases, helping drivers throughout the Colorado court system. We stand prepared to help you, too. Our attorneys understand the inherent flaws of these tests and always thoroughly analyze the accuracy — or inaccuracy — of the results.
Roadside Tests Are Not Always Accurate
The results of roadside and field sobriety tests are not always reliable:
- Field sobriety tests may include a one-leg stand, horizontal gaze nystagmus and a walk-and-turn test. When used together, these three tests are correct only about 80 percent of the time. This means one out of five drivers will falsely test positive.
- Law enforcement officers use a Breathalyzer to determine a driver’s blood alcohol content (BAC). However, whether from user error or outside factors, these machines have been known to produce false positives with considerable frequency.
- There are currently no roadside tests for marijuana that provide reliable results. Instead, an officer will make a subjective decision based on a driver’s presumed impairment. The alleged impairment is subject to the internal biases of the police officer and often is not correct.
Drivers who test positive on field sobriety or breath tests should always scrutinize the results. If an officer performed the test incorrectly or violated your constitutional rights, our tough criminal defense attorneys will pursue suppression of the tests and, whenever possible, dismissal of the charges.
Consequences Of Refusing A Breath Or Blood Test
As a result of Colorado’s “expressed consent” laws, there are increased consequences concerning your driving privileges if you refuse to submit to a chemical test after having been advised by an officer. In addition to restricted driving privileges, you will be compelled to install an ignition interlock device in every vehicle you own for two years and complete alcohol education and therapy classes. These are administrative penalties assessed through the Department of Motor Vehicles even if there is no criminal conviction.
Take Action Against A False Positive
A failed blood test, breath test or roadside test does not guarantee a criminal conviction. Our lawyers will thoroughly analyze your case to determine the best way for you to defend against these charges. Based in Parker, we are prepared to defend drivers throughout Colorado.