If you’ve been pulled over for a suspected DUI or DWAI in Greeley, Colorado, the officer probably asked you to perform a few “roadside tests.” These are called Standardized Field Sobriety Tests (SFSTs) and despite what many drivers think, they are completely voluntary under Colorado law.
As experienced Colorado DUI defense lawyers, we know that how you handle roadside tests can make a huge difference in your case. Here’s what every driver should know about roadside sobriety tests and how to protect yourself during a DUI investigation.
Weld County Driving Under the Influence Attorney: What Are Roadside Sobriety Tests?
Colorado law enforcement officers use roadside or field sobriety tests to decide whether there’s probable cause to arrest a driver for DUI or DWAI. The tests are designed to assess your balance, coordination, and divided attention.
The three standardized tests are:
- Horizontal Gaze Nystagmus (HGN): Following a pen or finger with your eyes.
- Walk and Turn (WAT): Walking heel-to-toe in a straight line, turning, and walking back.
- One-Leg Stand (OLS): Balancing on one leg while counting aloud.
Officers sometimes add non-standardized tests like touching your nose or reciting the alphabet — but these are not scientifically validated and are even more subjective.
Are Roadside Tests Required in Erie or Evans, Colorado?
No. Under C.R.S. § 42-4-1301(6)(i), roadside sobriety tests are voluntary. They are officially called “voluntary preliminary evaluations.” You are not legally required to perform them, and you cannot be penalized for politely refusing.
That means:
- You can decline roadside tests without automatic license suspension.
- Refusing roadside tests does not violate Colorado’s “express consent” law.
- Police cannot force you to perform them.
Many drivers confuse these voluntary roadside tests with the mandatory chemical test (blood or breath) that applies after a DUI arrest. Those are different: chemical testing falls under Colorado’s express consent law and has separate rules and penalties for refusal.
Why a Johnstown DUI Lawyer May Advise You to Decline Roadside Tests
While officers often claim roadside tests will “clear things up,” the reality is that these tests primarily serve to build evidence against you. Even sober, healthy people can appear impaired under roadside conditions, especially late at night, in poor weather, or under stress.
Common reasons to refuse roadside tests:
- They are highly subjective. Officers interpret what they see and their perceptions often lean toward confirming suspicion.
- Environmental factors matter. Uneven pavement, flashing lights, cold weather, or tight clothing can all affect performance.
- They’re designed for failure. Even small “mistakes” (like raising arms slightly for balance) are marked as “clues” of impairment.
- You’re nervous. Anxiety can affect coordination and focus and officers may misread those as intoxication.
By politely declining, you avoid giving officers unnecessary evidence to justify an arrest or to use later in court.
What Happens After You Decline Roadside Tests in a Windsor or Milliken DUI Stop
If you refuse, the officer may still:
- Observe your speech, eyes, and coordination.
- Ask further questions.
- Decide whether to arrest you based on other observations.
If the officer proceeds with an arrest, you’ll then be offered a chemical test (blood or breath) under Colorado’s express consent law. Refusing that test can trigger administrative penalties, but refusing roadside tests does not.
Once you are arrested, it’s time to call an experienced Colorado DUI attorney as soon as possible. We can immediately start protecting your license and building your defense.
Dashcam and Bodycam Footage in a Windsor or Milliken DUI Stop
Most Colorado police agencies now use dashcams and/or body-worn cameras. This footage can be critical to your defense.
If you participated in roadside tests, your Colorado DUI lawyer should request that video immediately. It can show whether you actually appeared impaired or whether the officer exaggerated your “clues.”
Sometimes the video tells a completely different story than the report.
If you or someone you love has been charged with DUI or DWAI, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
Image by Yildiray Yücel Kamanmaz from Pixabay