Field sobriety tests, also referred to as standard field sobriety tests or SFSTs, are a series of physical and mental performance tests that police officers administer to drivers who they suspect may be driving under the influence of alcohol and/or drugs. While it may seem like field sobriety tests are mandatory and the results of these tests can be damning evidence against a person who is arrested for and later charged with DUI, the truth is that:
- Drivers have the legal right to refuse to take field sobriety tests.
- Judging the results of these tests is far more subjective than drivers may think.
Here and in an upcoming second part of this blog, we will dispel some common myths about field sobriety tests while providing some key DUI defense strategies along the way.
- Myth 1: SFSTs are mandatory – When an officer pulls you over and suspects that you may be drunk, he may ask you to submit to a field sobriety test; alternately, he may simply start ordering you to take a field sobriety test without making a formal request. In such cases, it’s crucial that you know that you do NOT have to submit to this testing and that you DO have the right to refuse it. It’s also essential that you know that your refusal will not automatically result in you being penalized (though it may cause officers to request that you take a breathalyzer or submit to a blood test).
Be sure to look for the upcoming second part of this blog for two more myths about field sobriety tests, as well as how the truth behind these myths can be used to help build a strong DUI defense case for the accused.
Denver DUI and Criminal Defense Lawyers
The authorities take allegations of drunk driving, particularly when the DUI has allegedly been committed by individuals who have a criminal record or when it involves victims, extremely seriously, and these charges – even if a person is ultimately acquitted of them – can have a devastating impact on a person’s personal and professional life. If you or a loved one has been accused of a DUI or of any felony or misdemeanor crime in Denver, you will need an experienced defense attorney who is dedicated to defending your rights.
At the Law Office of Andres R. Guevara, our skilled Denver DUI and criminal defense lawyers are committed to providing the accused with the best possible defense and to working tirelessly to helping them resolve their case as favorably as possible. As soon as you start working with our trusted criminal defense lawyers, we will begin investigating your case, interviewing witnesses and compiling evidence to support your defense. We will also work diligently to get the prosecution’s evidence against you thrown out of court and, whenever possible, to get the charges against you reduced or potentially even dismissed entirely.
To learn more about your legal rights and receive expert advice on how to proceed with your case, contact us at (720) 379-8262.