DUI Attorneys in Colorado Springs

Helping Colorado Springs Citizens Understand the Legal Complexities of Field Sobriety Tests

When an individual is pulled over for suspicion of driving under the influence (DUI), the standard police procedure is to conduct a series of field sobriety tests (FST). However, the results of FSTs are often subjective and based on the police officer’s experience.

The results of field sobriety tests are often questionable and, therefore, may not stand up in court. However, several legal complexities often complicate FSTs and how they may impact a Colorado DUI case.

If you have been arrested for DUI and have questions about FSTs and how they may influence your case, contact Liberty Law Center at our Colorado Springs, CO, law offices to request a free initial consultation.

Why Do Law Enforcement Officers Conduct Field Sobriety Tests?

Field sobriety tests are a tool that police often utilize to determine if a driver is too impaired to drive due to being under the influence of drugs or alcohol. However, one of our client’s most common questions is why Colorado law enforcement agencies use field sobriety and breathalyzer tests that produce more accurate results.

If a driver is suspected of DUI, a police officer will typically request that the individual submit to voluntary FSTs to determine their ability to operate a motor vehicle safely. Although drivers do not need to agree to submit to FSTs, if they do so and fail the tests performed, the officers may use the results to establish probable cause to arrest drivers. Furthermore, the results of FSTs may be used as evidence in court along with other testing methods to support the state’s case that a suspect was driving under the influence.

What Types of Field Sobriety Tests Do Police Administer to Drivers Suspected of DUI?

Colorado Springs police routinely use three field sobriety tests to evaluate a driver and determine possible impairment. These three FSTs include:

Horizontal Gaze Nystagmus

Many know the “follow the pen” horizontal gaze nystagmus (HGN) test. In this test, the officer instructs the driver to follow a pen or flashlight with their eyes while the officer moves it back and forth horizontally. The HGN test is used to observe the driver’s involuntary eye movements, referred to as nystagmus, which may indicate driver impairment if determined to be severe at specific angles.

Walk and Turn Test

The walk-and-turn test (WAT) evaluates a driver’s ability to remember, balance, and control muscles to determine if they are impaired. The officer conducts the test by instructing a driver to walk a straight line, heel-to-toe, for a specified number of steps, then turn around and walk back, repeating the same actions. Trained FST officers observe drivers looking for signs of impairment, such as difficulty following instructions or maintaining balance.

One Leg Stand

During the one-leg stand test, a driver is instructed to stand on one leg while raising the other foot off the ground for a specified time, usually around 30 seconds. The officer evaluates the driver’s ability to follow instructions and maintain balance during the test.
Anyone who has submitted to FSTs should remember that several external influences can lead to failed tests. That being the case, it is always best to consult with an experienced field sobriety test lawyer who can professionally evaluate the evidence and create effective legal strategies.

What External Factors Can Affect Field Sobriety Tests?

Although field sobriety tests are one tool that law enforcement agencies regularly use to determine impairment, they also have a negative reputation for providing accurate results.
Some of the most common legal arguments made by defense lawyers to dispute FST results include:

• Health conditions: Many suspected DUI drivers who submit to FSTs have health conditions such as prior injuries, arthritis, or taking prescribed medications that affect their ability to perform the required tasks
• Stress: For many drivers, the stress that comes from being pulled over by the police can cause them to become nervous, leading to trouble following instructions or shaking, all of which can be incorrectly interpreted as impairment
• Environmental factors: Environmental factors, such as extreme cold or heat, poor lighting, and uneven surfaces, can affect a driver’s ability to perform FSTs and provide inaccurate results

One of the most significant advantages of hiring a field sobriety lawyer is their comprehensive experience in evaluating the accuracy of the field sobriety tests administered and determining what if any, external factors played a role.
Contact Liberty Law Center to schedule a meeting with a well-qualified lawyer who can thoroughly evaluate your case.

How Can Our Law Firm Defend You if You Have Failed a Field Sobriety Test?

Liberty Law Center is passionate about helping Colorado Springs citizens fight DUI charges. In many cases, our dedicated team of legal professionals has been able to skillfully analyze the qualifications of the officer conducting the field sobriety tests and how they were administered.

Our lawyers can have FST results thrown out due to improper testing procedures or when we can prove that external factors played a role. Often, a driver has medical conditions or takes medication that mimics signs of impairment when, in reality, the driver was not under the influence.

Therefore, anyone arrested after submitting to field sobriety tests must clearly understand how these tests work and what can be used as a defense should they fail an FST.
If you’ve been arrested due to a failed field sobriety test, you must hire a highly experienced attorney familiar with Colorado DUI procedures. At Liberty Law Center, we’re proud to say we’ve been able to help many clients fight such charges successfully.

Contact Liberty Law Center at our Colorado Springs law office at 719-578-1183 and ask to schedule a confidential consultation so that we may review your case and determine what legal strategies suit your needs.