Can the driver refuse a field sobriety test in colorado?

[tate8]

This isn't a question about drunk driving. This is a question of rights granted to the operator of a motor vehicle in Colorado during a traffic stop.

Assume the following: The driver is calm, polite and cooperative. The driver has NOT been driving dangerously. Perhaps a few miles an hour over the speed limit, or perhaps has some mechanical defect like a busted tail light or head light.

If pulled over (for reasons mentioned above), can a driver refuse a field sobriety test and instead opt for the breathalyzer to prove their sobriety? Will refusing the FST, which is subjective anyway end up in a hand-cuffed, police escorted ride to the station for a blood test or similar?

IE: Pulled over for a busted tail light (driver doesn't drink alcohol). Officer begins to poke and prod, looking for any reason what-so-ever to either hand out a stiff ticket or take the driver to jail. After the driver has refused to allow the officer to search the vehicle, the officer proceeds to ask questions regarding alcohol. Even though the driver has not shown any signs of intoxication, the officer asks the driver to participate in a field sobriety test.

To those answering: If you have a definitive answer that can be found in the CRS, please provide a reference so that I may confirm. Thank you.

[aenedleah10]

No you do NOT have to take a field sobriety test. That is NOT required and any Officer worth his salt will tell you that. The only reason I ask people to do it is ti seal their fate because 90% of the time, I already have enough evidence to take them to the PD and use the intoxylizer.

If you are sober I would just ask for a horizontal gaze nystagmus test (HGN), which is the first part of the field sobriety test. Its the involuntary movement of the eyes that had an 86%(I think this is the number, I know its the 80's) of being correct. If i am with the 10% which im not sure of and they pass this test, I don't even bother with the other tests. I have never had a drunk pass this test. Ever.

Best of luck and remember to read YOUR local laws.... or if you are still mind boggled, call your local PD.

[alleyne]

To confirm, a field sobriety test actually includes the breathalyzer. However, if I recall correctly, a driver can refuse the FST but will have their license suspended for six months or more. If you have opted out of the FST once within 5 years, your license will be suspended for a full year. But, without having signs of being under alcoholic influence, you shouldn't have to take the FST or the breathalyzer.

[Edit]
I am not sure that the physical tasks could be refused but you would have to specifically ask the officer at the time you were pulled over, after he requests that you exit your vehicle. The breathalyzer is not sufficient evidence in most courts, so at most times the refusal of the physical tasks will also result in suspension of your license. But remember, the license suspension is temporary and will not be revoked unless another felony such as manslaughter is commited (using a vehicle of course). Failing a breathalyzer at the station will result in a hefty fine and possible suspension of your drivers license. In some cases, failure can even lead to arrest. In your case, you should be fine. Just ask the officer, but do it politely. Politeness can even get you out of the situation.

[eddis]

First user is incorrect,Yes you do not have to submit to the field sobriety test and you will not lose your license for failing to do so.That only applys if you fail to do the test at the police station

[porter]

Actually, in most states, a refusal to take the FST is a refusal to the entire process.

You could be prosecuted for DUI/DWI Refusal. Most states will immediately suspend your driving priviledges and you'll end up in court for refusal.

[gillian59]

check here:

http://www.colorado-criminal-lawyer.com/dui/faq.html