In Colorado, you have the right to decline a field sobriety test (FST) without facing immediate repercussions. These tests are entirely voluntary, unlike chemical tests that fall under the state’s Express Consent Law. Refusing a non-mandatory FST won’t lead to immediate legal or administrative penalties. Additionally, if you choose not to take the test, the absence of results cannot be used as evidence against you in court.
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.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.