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Is It Illegal to Refuse a Field Sobriety Test?

Is It Illegal to Refuse a Field Sobriety Test?

Being pulled over by a police officer for suspicion of driving under the influence (DUI) can be an alarming experience. However, being armed with knowledge in advance can be helpful. Sometimes an officer will ask you to step out of the car to perform a standardized field sobriety test. You may be familiar with what these are, but they generally test your ability to maintain balance and follow directions, something that could be difficult even if you’re stone-cold sober.

However, a voluntary field sobriety test is exactly what it sounds like—it’s voluntary. An officer may tell a suspect if they refuse testing the suspect will automatically lose their license for one year, but that only applies if you refuse to take a chemical assessment, such as a blood, breath, or urine test.

Your performance on a field sobriety test can be used against you, even if you are completely sober at the time you take them. If you don’t have to take the field sobriety test, politely refuse and ask for a chemical test instead.

In the state of Colorado, by merely driving on public roads, you have given your expressed consent to submit to a chemical test of your blood, breath, or urine for the purpose of determining your blood alcohol content (BAC). If you are lawfully arrested by an officer who has probable cause to believe you were driving under the influence, you must submit to a chemical test within two hours of when you last drove (unless there are extraordinary circumstances, such as weather-related delays).

If you are under suspicion of a DUI, make sure to call one of our skilled Denver DUI attorneys as soon as possible. DUI penalties tend to be particularly harsh, especially if you’ve been charged with a DUI previously. Let us take a look at the details of your case and make a recommendation about your best legal course of action.

Contact us at (303) 747-4247 or fill out our online form to schedule a free case consultation today.

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