Challenging Field Sobriety Tests
A DUI traffic stop can be a very stressful and frightening experience. The stress and your unfamiliarity of the situation can make it difficult to complete the field sobriety tests successfully–not to mention, these tests can be difficult to complete even while sober!
Any number of factors can affect how an individual performs on field sobriety tests, including age, weight, physical fitness, lighting conditions, nervousness, what type of shoes were worn, and more. This makes them very unscientific and unreliable as evidence.
You should know your rights. Remember that voluntary roadside tests are just that: voluntary. You don’t have to give the police evidence that can be used against you. Instead, you are free to politely refuse to take the tests.
Chemical testing–including blood alcohol content (BAC) and the breathalyzer test–however, come with penalties if you refuse to take them.
If you’ve been charged with drunk driving as a result of field sobriety tests, you can fight your charges. It’s important to call an attorney as soon as possible: you have seven days to request a hearing with the Colorado Department of Motor Vehicles (DMV). This is a separate proceeding than your criminal case, determining whether you will be able to keep your driver’s license or if your driving privileges will be suspended.
At the Law Office of Andres R. Guevara, we are dedicated to helping Colorado residents protect their rights and fight their DUI charges. We want to help you get the best possible outcome for your case.
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Contact us today for a free consultation with an experienced DUI lawyer in Denver, CO. We’re here to listen to you, give you straightforward advice based on your unique circumstances, and be your advocate in and out of court. We work to achieve your goals, not tell you what to do.
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