What Are Standardized Field Sobriety Tests In Colorado?
The accepted standardized field sobriety tests are the horizontal gaze nystagmus (The Eye Test), the vertical gaze nystagmus (Another Eye Test), the walk and turn, the nine steps, the pivot and turn back, and the one-legged stand. You have to be a gymnast or a ballerina to really pass most of them. It is designed for you to fail and used to establish that you are not sober, even if you are. It is never recommended to submit to these test. Always politely refuse sobriety testing. In Colorado Standardized Field Sobriety Tests are absolutely voluntary. Voluntary means you are perfectly free not to agree to do these standardized Field Sobriety Tests. You cannot be punished if you choose not to do these standardized field sobriety tests. The only purpose for the police officer requesting you to do these standardized field sobriety tests is to gather evidence that you are “intoxicated” and therefore can be charged with a DUI or “impaired” so you can be charged with a DWAI. A DUI is Driving Under the Influence, while DWAI is driving while ability is impaired. DWAI is a separate criminal offense but it can also be a lesser included offense of a DUI. A DUI is the more serious charge which could result in either a suspension or revocation of your driving license or privilege to drive in Colorado.
What Happens If Someone Refuses A Breath Or A Blood Test?
If you refuse to take a breath or a blood test, then the officer will take your license and issue you a long, yellow piece of paper called a Notice of Revocation of your driver’s license. You have seven days from that date to request a hearing at the DMV. If you fail to request a hearing, your license is suspended for one year. If you take this matter to trial, the prosecution can use the fact that you refused testing against you.
If it is your first refusal, you will lose your license for one year, but you can reinstate it after 60 days with the installation of an ignition interlock device and having registered for a Colorado State Approved Alcohol and Drug Education Program . You have to blow into a device attached to the interlock device, so that the machine detects that you had not consumed alcohol, and then your car will start. If so, have consumed any alcohol the machine will detect the presence of alcohol on your breath and prevent the ignition to start your vehicle. The ignition interlock also records the alcohol consumption and report the presence of alcohol to the provider of the ignition interlock provider. If it is your second refusal, your license is be revoked for two years, It is your third or subsequent refusal, your license is revoked for three years. There is no early reinstatement for second or subsequent refusals.
For more information on Standardized Field Sobriety Tests In Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 557-4425 today.