If you’re facing a DUI charge in Denver, you’re not alone. Many people find themselves in this stressful situation each year.
One of the main tools used by
law enforcement in DUI stops is the field sobriety test (FST). These tests help officers decide if someone might be driving under the influence.
However, they are not always accurate, and many factors can lead to unfair results. This is where a Denver field sobriety testing defense lawyer can step in to protect your rights.
At the Law Offices of Steven J. Pisani, we have extensive experience defending clients against DUI charges, especially when field sobriety tests are involved. Our team is well-versed in the law and knows how to challenge these tests to help get the best possible outcome for our clients.
Understanding Field Sobriety Tests
Field sobriety tests are physical tasks that police officers ask drivers to perform when they suspect someone might be driving under the influence of alcohol or drugs. These tests are supposed to help officers gauge whether someone is impaired. However, they aren’t always foolproof and can often be misleading.
There are three standard types of field sobriety tests:
- Horizontal Gaze Nystagmus (HGN): This test requires you to track an object, such as a pen, with your eyes while the officer observes for any involuntary eye jerking, which may suggest intoxication.
- Walk and Turn: In this test, you’re asked to walk in a straight line, turn around, and walk back. The officer looks for signs like stumbling or difficulty balancing.
- One-Leg Stand: For this test, you have to count out loud while standing on one leg. If you sway, put your foot down, or use your arms for balance, it could be taken as a sign that you are impaired.
These tests are often used in DUI investigations, but they’re not always accurate. Many sober people can have trouble with these tasks, especially in stressful situations.
Common Issues with Field Sobriety Tests
Field sobriety tests might seem straightforward, but they can be deeply flawed. Here are some common issues:
Inaccurate Administration
Sometimes, police officers don’t give the test exactly how they’re supposed to. If they skip steps or don’t explain things correctly, the results might not be accurate. A mistake during the test can make someone seem impaired even when they aren’t.
Physical Factors
Things like being tired, nervous, or having a medical condition can make it hard to pass a sobriety test, even if you’re not under the influence. For example, standing on one leg could be super hard if you’ve got a bad knee or just can’t balance well. It’s not fair to fail a test because of something that has nothing to do with alcohol or drugs.
Environmental Factors
Field sobriety tests are usually done on the side of the road, where conditions aren’t ideal. Uneven ground, bad weather, or poor lighting can make it challenging to perform well. Even a small thing, like a slanted surface, could make you lose your balance, making it look like you’re impaired when you’re not.
Subjective Interpretation
The results of these tests depend a lot on the officer’s opinion. Since officers are human, they can make mistakes or have biased judgments. What one officer thinks is a sign of being impaired might actually just be how someone behaves typically.
This is why having a field sobriety test defense attorney in Denver, CO, is so important. They can review the circumstances of your test and challenge any unfair results.
Challenging Field Sobriety Test Results in Court
Just because you failed a field sobriety test doesn’t mean you’re guilty. There are many ways to challenge the results in court. A skilled Denver DUI defense lawyer for field sobriety tests will look for any mistakes made during the test. For example:
- Was the test administered correctly?
- Did the officer follow proper procedures?
- Were environmental factors, like weather or uneven ground, considered?
An experienced attorney can bring in expert witnesses to explain why these tests are not always reliable. These witnesses can point out how conditions such as medical issues or even nervousness can cause someone to fail a field sobriety test, even if they’re sober.
I recommend Denver Attorney Steven Pisani
Mr. Pisani was incredibly helpful throughout my DUI process. As a first time offender, he was very helpful in keeping me calm and giving me all the information necessary to get through it. He was very knowledgeable about the process and made sure I was always in the loop as to what I needed to do and what he was doing to help me. He was able to get my punishment lessened because he helped me stay on top of things that I needed to do in order to show the court I was taking all necessary steps. Since it was my first offense, I asked a lot of questions and was freaking out a lot. Mr. Pisani was great at keeping in touch and making sure that I was comfortable with what I was doing. He never made any decisions without consulting me but I took his advice on most issues because he was so easy to trust from the first meeting that we had. He never made me feel like I had to accept what was offered and was willing to go through whatever it took, no matter how long it was. I never felt pressured into something or worried that he didn’t care about my case. I really felt like he cared about me as a person and not just a case number which made the process all the better. Mr. Pisani looked at all the evidence and took everything into account when managing my case rather than just the bare minimum so I really felt like I had a fighting chance. I’ve never been in trouble with the law before so it was very comforting knowing that he was doing everything in his power to help me. He was very good about responding to calls and emails whenever I had a problem or a question. If he didn’t know the answer, he went out of his way to find it rather than tell me where I should look. I felt in good hands through my DUI process. I am still going through things to put this all behind me but Mr. Pisani has assured me that he is sill there for me if something comes up down the road or if I have any other problems with my sentencing. I would highly recommend Mr. Pisani to anyone and everyone. He was very helpful and willing to fight for me as a person and not just a number. Thank you for everything you have done and continue to do for me!
Mr. A
Trial Results
John R.
Knows his stuff
John R. on
Traffic Ticket Defense
Keith
He beat my DUI
I went to Attorney Pisani because the cops arrested me for DUI but I wasn’t drunk. I found him when I went to my alcohol classes for my license and someone else there told me how great he was. I called and he made me feel like I didn’t have to take the deal from the da. We went to trial last week and when the judge read out loud NOT GUILTY I almost broke into tears because the system is set up so that you take a deal and go on. The cost of the deal would have been thousands of dollars for probation and fines but I spent far less hiring Attorney Pisani and I am free because of his work prooving my innocence because the cop was exaggerating. Through the court dates he was always friendly and sat next to me in court to make sure I was calm and understood what was going on, a lot of other attorneys sit up front and ignore their clients. I will tell anyone I meet about what kind of a lawyer and person he is.
Nik B
Great Communication and Results:
John R.
Professional and Kind:
Keith
Very caring and professional manner
Dennis Ryan
Maintained excellent communication
Samuel Ryan
Very professional
Jerol Love
Quick to call back or respond to texts
B Gilpin
Making the process as smoothly as possible
Lydia Mussack
They helped me get my ticket down
Emily Hammond
Rights During a Field Sobriety Test in Colorado
In Colorado, you have certain rights regarding field sobriety tests, and it’s important to understand them to make the best decisions. Here are a few key points to remember:
The Test is Voluntary
You can refuse to take field sobriety tests, as they are not mandatory. Refusing these does not result in immediate legal consequences. Many people don’t know this and feel pressured to comply.
Refusal Could Lead to Arrest
While you can refuse the test, the officer may decide to arrest you based on other things they observe, like the smell of alcohol or how you act. That’s why it’s important to remain calm and polite during the stop.
Know Your Rights
Understanding your rights is important to protect yourself in these situations. You can refuse the test, and you also have the right to remain silent after the test. Anything you say or do could be used against you, so it’s smart to wait for legal help.
Get a Lawyer’s Help
If you do take the test, a field sobriety test defense attorney near me can review how the test was handled. Your lawyer can examine the details of how it was conducted and ensure that your rights were not violated.
Why You Need a Denver Field Sobriety Testing Defense Lawyer
When it comes to defending yourself against a DUI charge, having a top-rated field sobriety test defense lawyer in Denver can make all the difference. DUI charges are serious, and the penalties can be life-changing, including fines, loss of your driver’s license, and even jail time.
The Law Offices of Steven J. Pisani has extensive experience handling DUI cases, and we know how to challenge field sobriety tests effectively. We’ve helped countless clients avoid harsh penalties by questioning the reliability of the tests and the way they were conducted.
Some of our past cases have resulted in reduced charges, dismissed cases, or minimized penalties, thanks to our thorough approach. If you’re facing a DUI charge and feel the field sobriety test results were inaccurate, don’t wait to seek help from the best field sobriety testing defense lawyer in Denver.
How an Attorney Can Help
Working with a skilled legal team can provide you with several advantages when it comes to protecting your rights. An attorney will provide invaluable assistance with the following:
- Review the Police Report: Your lawyer will carefully examine the police report to see if the officer followed proper procedures during your stop and test.
- Analyze the Field Sobriety Test: They will look into how the test was administered to check if it was done correctly and if environmental factors, like weather or road conditions, could have affected your performance.
- Challenge Inaccurate Test Results: If there were issues with how the test was given, your lawyer can challenge the accuracy of the results in court.
- Question Officer Conduct: Your attorney will investigate the officer’s conduct to see if they were biased or failed to explain the test clearly, which could weaken the case against you.
- Build a Strong Defense Strategy: They’ll gather evidence, interview witnesses, and use their knowledge of DUI laws to create a solid defense for your case.
- Negotiate with Prosecutors: If needed, your lawyer may negotiate with prosecutors to reduce charges or get a better outcome for you.
- Represent You in Court: Your lawyer will represent you in court, making sure your rights are protected and presenting your defense to the judge or jury.
Steps to Take After a Field Sobriety Test
If you’ve been pulled over and asked to take a field sobriety test, it’s important to stay calm and remember these steps:
Document the Details
Try to remember everything that happened during the test. Think about where it took place, the weather conditions, and whether the officer explained everything clearly. The more you remember, the easier it will be for your lawyer to spot any problems with the test and challenge it in court.
Contact a Lawyer Right Away
It’s really important to reach out to a Denver DUI defense lawyer as soon as possible. The quicker you get legal help, the better your chances are of building a strong defense. A lawyer can look at the details of your case and explain what you should do next.
Stay Quiet
After the test, it’s smart not to say anything that could be used against you. Anything you say might make things worse, so it’s best to stay quiet and let your lawyer handle the situation. Your lawyer can guide you on what to say (or not say) to the police.
Contact Our Denver Field Sobriety Testing Defense Lawyer Today
Field sobriety tests can be unreliable and unfair. If you’ve been charged with a DUI after taking one, it’s critical to challenge the results with the help of a knowledgeable defense attorney. A Denver field sobriety testing defense lawyer can review your case, challenge any inaccuracies, and fight for the best possible outcome.
At the Law Offices of Steven J. Pisani, we’re here to help. Don’t let a field sobriety test result ruin your future. Contact us today to schedule a consultation and get the defense you deserve.
