Field sobriety tests – also known as roadside tests – are voluntary tests administered by law enforcement during traffic stops when the Greeley Police suspect a driver of Driving Under the Influence / DUI. Any time a driver is suspected of DUI or Driving While Ability Impaired, the Officer will ask the driver if they would like to participate in these tests. What the driver may not know is that not only are these tests not required, but they are also ill-advised. Even if you are totally sober, field sobriety tests are difficult to pass due to conditions outside of your control. Our top Weld County criminal defense lawyers always advise that if you are ever asked to participate in these tests, you should always politely decline.
1. What are Greeley Field Sobriety Tests?
Greeley Police administer field sobriety tests to gather enough probable cause to arrest a driver for Driving Under the Influence or Driving While Ability Impaired. Even though these tests are voluntary, many people still agree to them, mistakenly believing that it will help prove that they’re sober. Standardized field sobriety tests that a Greeley Police Officer may have you perform include:
- Walk and Turn – Walking heel-to-toe in a straight line for a specified number of steps, then turning around and walking those same steps back.
- One-Leg Stand – Standing on one foot for an extended period of time.
- Horizontal Gaze Nystagmus / HGN – Watching the tip of a pen as it slowly moves side to side in front of your eyes without moving your head.
Greeley Police use field sobriety tests along with any observations they made of your driving – such as swerving in and out of a lane – to gather enough probable cause to arrest you for DUI. They may also look for other physical indicators of intoxication, such as bloodshot eyes, profuse sweating, slurred speech, and so forth.
2. Do Field Sobriety Tests Help Prove Innocence at the Weld County Courts?
One reason many people agree to field sobriety tests is because they believe that it will prove their innocence at the Weld County Courts. Unfortunately, this rarely ever happens. Field sobriety tests are almost impossible to pass and most people fail them, even if they are completely sober. This is because they depend on perfect conditions and perfect people – neither of which exist. Medical conditions, unevenly paved roads, weather, and many more factors can result in failed field sobriety tests. When this happens, you will be charged with Driving While Ability Impaired / DWAI or Driving Under the Influence / DUI. The Weld County District Attorney can then easily convict you, because the failed tests serve as evidence against you.
Field sobriety tests are voluntary and you have the right to refuse them. While refusal does not guarantee that you won’t be arrested, it does make it more difficult for the Weld County Sheriff to justify an arrest.
3. Should I Hire a Top Greeley Criminal Defense Attorney?
Even if you have agreed to and failed a field sobriety test, your case is not hopeless. While there may be more evidence against you, a top Greeley criminal defense attorney can still defend your case well. Experienced defense lawyers can use any one of numerous strategies in defending people accused with Driving While Ability Impaired or Driving Under the Influence. Many people have had their DWAI or DUI charges lowered or dropped thanks to the representation of the best criminal defense lawyer. Don’t wait to contact a top defense attorney to defend you at the Weld County Courts and help you regain your freedom.
Have you been charged with Driving Under the Influence or Driving While Ability Impaired? Exercise your right to remain silent, and do not talk to Greeley Police or the Weld County Sheriff. Then get in contact with a criminal lawyer with decades of experience at the O’Malley Law Office today at 970-616-6009 to discuss your case. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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