For drivers pulled over on suspicion of DUI or DWAI in Greeley, Evans, Windsor, or elsewhere in Weld County, the roadside stop is often the moment that determines everything that follows. Understanding what officers are actually doing during these tests can help drivers know what to expect if they’re ever in this situation.
Lawyer for Driving Under the Influence Charges in Windsor: The Initial Observation Period
Before any formal testing begins, a Weld County Sheriff’s deputy or Windsor Police officer is already gathering evidence. They’re watching for the initial reason to stop the vehicle, like weaving, speeding, or a broken taillight, and then observing the driver during the encounter itself. Officers are watching for slurred speech, the odor of alcohol, bloodshot or watery eyes, and fumbling with a license or registration. All of this gets documented and can become part of the case against the driver.
Weld County Driving While Ability Impaired Attorney: Standardized Field Sobriety Tests
Colorado law enforcement, including officers throughout Weld County, typically relies on the tests validated by the National Highway Traffic Safety Administration. The Horizontal Gaze Nystagmus test has the officer track the driver’s eye movements while following a stimulus like a pen or flashlight, looking for involuntary jerking that can indicate impairment. The Walk-and-Turn test requires the driver to take nine heel-to-toe steps along a straight line, turn in a prescribed manner, and walk nine steps back. The One-Leg Stand has the driver balance on one foot for approximately 30 seconds while counting aloud.
Preliminary Breath Tests (PBT): A Firestone DUI Lawyer Explains
Many stops also include a preliminary breath test (PBT), a handheld device used roadside to give officers an estimated blood alcohol content. This differs from the more accurate evidentiary breath or blood test administered later at a station or hospital under Colorado’s Expressed Consent law. This is the breath test that is offered BEFORE an arrest.
Probable Cause and DUI or DWAI in Milliken: What Comes Next?
If an officer believes these observations and tests establish probable cause, the driver is typically arrested and transported for chemical testing. Everything documented during the roadside encounter, including the officer’s initial observations, performance on each standardized test, and PBT results, becomes part of the police report and often forms the foundation of the prosecution’s case in Weld County Court or Weld County District Court, depending on the charge.
If I Get Pulled Over in Weld County, Do I Have to Perform the Roadside Tests?
NO! These roadside tests are voluntary and generally are only used by law enforcement to get stronger probable cause for an arrest. While there is nothing that can be done about the observations of the officer, like slurred speech or blood shot and watery eyes, the rest is your choice and our experienced DUI and DWAI attorneys always recommend you refuse the voluntary roadside maneuvers.
If you’ve 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 an initial consultation. Together, we can protect your future.
Photo by Marek Piwnicki