Roadside Tests for DUI Arrests in Weld County
Here is a little known fact: roadside tests are voluntary in Weld, Morgan and Logan County. That’s right, you can refuse to participate in these measures. Why should you decline? Because you don’t want to help the police convict you of Driving Under the Influence (DUI or drunk driving) or Driving While Ability Impaired (DWAI or impaired driving). Just like you have the right to remain silent, you also have the right to refuse these subjective roadside measures, which normally are used to gain Probable Cause for your arrest.
Probable Cause: What Do the Police Look For?
For the Greeley or Johnstown Police to pull you over, they must have a “reasonable suspicion” of criminal activity. This means they need a valid reason for pulling you over like:
- Weaving in and out of lanes
- Swerving on the road
- Being involved in an accident
- Speeding
Any of the above things give the officer the authority to pull you over. Then, there are certain things officers look for in order to obtain ‘probable cause’ for your DUI or DWAI arrest, like:
- Slurred speech
- Delayed or unintentional movements
- Unsteady or erratic walk
- Disheveled appearance
- Smell of your breath
What are the Voluntary Roadside Tests?
First of all, it is not illegal to drink and drive. It is only illegal if your Blood Alcohol Content (BAC) is above the legal limit. This is not something that a roadside test can prove, but police use them to gather evidence against you. Police officers usually don’t present the tests as voluntary, because they know you would probably refuse if you knew. Some of the tests they will ask you to participate in are:
- Walk and turn
- Romberg Test (balance test)
- Standing on one leg
- Horizontal gaze nystagmus test
- Saying the alphabet backwards
- Portable breath test (PBT)
If you refuse these tests, it makes the Evans Police Officer’s decision whether or not to arrest you much more difficult. The officer has to decide if there is enough probable cause to arrest you without the added data he was hoping to collect.
The Required Test: Just Say Yes
While the roadside tests are voluntary, Express Consent tests are not. After being arrested on the suspicion of DUI or DWAI, you will be asked to submit a breath or blood sample at the police station or hospital. This scientific test measures your blood alcohol content (BAC) and is only required AFTER you have been arrested. The portable breath test the officer may ask you to blow into at the scene is a roadside test and therefore voluntary.