Colorado police officers have the right to administer field sobriety tests. They can conduct the horizontal gaze nystagmus test. During this test, you must follow an object with your eyes. The officer looks for any jerking in the eyeballs that would imply you are under the influence of alcohol. There is also the walk-and-turn test where you must take several steps from heel to toe, turn around and take several more steps. Again, the officer looks for anything that would imply intoxication.
Having evidence you should not drive gives the police officer sufficient reason to place you under arrest. Even if you did not say or do anything inside the vehicle to suggest intoxication, then a field sobriety test can provide that reasoning. However, you actually do not have to submit to them.
Drivers can refuse field sobriety tests
In the state of Colorado, field sobriety tests are completely voluntary. That means you can politely decline to get out of a vehicle if the officer requests it. You should be firm in your response, and you need to be polite. You do not want to make the police officer believe you are aggressive because this could also serve as evidence you are under the influence.
Drivers cannot refuse chemical testing
In the event the police place you under arrest, then they may request you to undergo chemical testing. These tests can include blood, urine and breath analysis. The reason you cannot refuse this test is that every driver agrees to expressed consent when getting behind the wheel of a vehicle in Colorado. The police cannot force you to provide blood or urine, but it can result in the automatic revocation of your driver’s license. If an officer takes you to a station, you should not say anything to the police until you speak to your attorney.
