Colorado Field Sobriety Tests
During most investigations for driving under the influence, an officer will ask a suspected drunk driver to perform a series of maneuvers designed to test the suspect for intoxication. Although these tests rely on subjective observations of the testing officer, they are intended to reveal predictable effects of alcohol including: reduced sensitivity, slowed reaction time, reduced dexterity, and decreased coordination. The National Highway Traffic Safety Administration has published material that serves as the basis for training police officers in Colorado. According to the NHTSA, three field sobriety tests are most reliable: walk and turn, one leg stand, and the horizontal gaze nystagmus. In addition to these three tests, officers will occasionally ask a suspect to perform a finger to nose test, alphabet or counting test, or a preliminary breath test.
The FST's serve two purposes for law enforcement: first, they help establish probable cause to arrest and request a chemical test. Thus, if the defendant can establish the tests were not performed properly or that the defendant actually passed the tests, evidence of a chemical test may be suppressed at trial. At the DMV, if the defendant can show that the arresting officer did not have probable cause to arrest, the result is dismissal of the case and reinstatement of the defendant's driving privileges.
Second, FST's are relevant evidence for proving that a defendant was in fact under the influence of alcohol. With the exception of the preliminary breath test, which by law is never admissible at trial, an officer may testify as to his/her observations of the defendant's performance of the field sobriety tests. However, the meaning of the officer's observation is often the subject of closer scrutiny.
The NHTSA claims that these tests are nearly 90% accurate. However, that number is very misleading. The fact is that FST's test for coordination, not intoxication. Thus, individuals with poor coordination or medical conditions who are not under the influence of alcohol will often fail the tests. Moreover, there are a number of other factors that can cause a perfectly sober person to fail FST's including road conditions, weather, traffic, police lights, and nervousness. Interestingly, the police will never have a suspect perform these tests under ideal conditions inside at a police station. Rather, the police will ask a suspect to perform FST's on the side of the road where an individual is more likely to fail, thus, justifying an arrest.
If you are ever pulled over and asked to perform these tests, you have the right to refuse. Many people consent to these tests because they believe they must do what the police tell them to do. However, the Colorado Supreme Court has held that FST's are a search and therefore may not be compelled unless there is probable cause to believe a suspect is driving under the influence.
If you have been charged with DUI, the evidence of FST's alone can be sufficient to convict. However, a skilled DUI attorney can help you convince a judge or jury that the field sobriety tests are not an accurate means of testing for intoxication. Contact The Adams Law Firm today and learn how we can help you overcome adverse results from field sobriety tests.
