Serving People Throughout Colorado

Call Us For Free Consultation:

Why “Failing” Field Sobriety Tests Doesn’t Mean You Were Drunk

Field Sobriety Tests

Getting pulled over for suspected drunk driving is scary. If you failed field sobriety tests, you might think you are automatically guilty of DUI. That is not correct. Failing field sobriety tests is not proof that you were legally drunk in Denver, Colorado. Field sobriety tests are subjective. They were not designed to prove intoxication beyond a reasonable doubt. As a DUI lawyer in Denver, we explain what these tests really mean and how they can be challenged by a Denver DUI attorney.

What Field Sobriety Tests Are And What They Do

Field sobriety tests are quick exercises officers use on the roadside. They include things like:

  • Walk and turn
  • One leg stand
  • Horizontal gaze nystagmus (eye test)

These exercises are meant to help officers decide if there is probable cause to arrest you. They do not measure your blood alcohol level. They do not confirm impairment. Many factors can affect performance on these tests. Officers score you by watching you perform. That means the results are subjective and open to error.

Why Field Sobriety Tests Are Not Reliable Proof

Field sobriety test results can be influenced by many reasons unrelated to alcohol. Some reasons include:

  • Uneven road surfaces
  • Nervousness or stress
  • Physical limitations or injuries
  • Medical conditions like inner ear problems or arthritis
  • Poor lighting or weather conditions

Police do not use machines to score these tests. Officers make judgments based on what they see. That opens the door for mistakes.

Importantly, failing these tests does not meet the legal standard for a DUI conviction. A prosecutor must prove that you were driving under the influence beyond a reasonable doubt. Failed field sobriety tests do not prove that.

The Difference Between Field Tests And DUI Charges

In Denver, Colorado, a DUI charge can be based on:

  • A breathalyzer reading over 0.08%
  • Chemical test results
  • Evidence of impairment observed by an officer

Field sobriety tests are only part of the officer’s investigation. They may justify an arrest, but they do not prove guilt in court. Chemical tests are more weighty, but they can also be challenged by a knowledgeable Denver, Colorado defense attorney.

Tests And DUI Charges

How A Denver DUI Attorney Challenges Field Sobriety Test Results

As your criminal defense lawyer in Denver, CO, we will examine every detail of your case. We will analyze:

  • Whether the officer administered the tests correctly
  • Whether conditions affected your performance
  • Whether your medical history impacted your balance or coordination
  • Whether police bias played a role in the decision to arrest

We look for weaknesses in the state’s case. If we find that field sobriety tests were misapplied, we can push to suppress or minimize their impact. This can lead to better outcomes, including reductions or dismissals.

What To Do If You Failed Field Sobriety Tests

If you failed any field sobriety test, do not panic. Your future is not over. Here is what you should do right now:

  1. Contact a Denver DUI Attorney Immediately – Time matters. Evidence can be lost or forgotten. Acting quickly allows us to preserve what matters most.
  2. Do Not Talk To Police Without A Lawyer – Anything you say can be used against you. Let your legal team handle communications.
  3. Collect Names And Details – Write down what happened. Officer names, badge numbers, and officer reports all matter.
  4. Keep All Paperwork – Tickets, citations, and notices all contain useful information for building your defense.

Getting proactive can change the course of your case. A strong defense strategy often starts the moment you contact us.

Common Misconceptions About Field Sobriety Tests

Many people believe these myths:

  • If you fail, you were drunk
  • Field tests are scientific
  • Officers always explain the tests clearly
  • Everyone who performs poorly is impaired

All of these are false. Officers are trained to use these tests as screening tools, not definitive evidence. You are not automatically guilty because of a failed test. A Denver DUI attorney knows how to expose the flaws in these tests.

How Field Sobriety Tests Are Used In Court

In a jury trial, prosecutors will try to use failures on field sobriety tests to sway the jury. But jurors can be skeptical. They can see that these tests do not measure blood alcohol concentration. They can see that conditions on the roadside are not controlled environments. A skilled Denver DUI attorney will clearly and persuasively explain these points to a judge or jury.

What Other Evidence Matters In Your Case

Beyond field sobriety tests, prosecutors must rely on stronger evidence. That can include:

  • Breath test results
  • Blood test results
  • Officer observations of driving behavior
  • Video from dash cams or body-worn cameras

Each piece of evidence has weaknesses. Together, we analyze the full picture. Weaknesses in one area can weaken the entire case. Your defense should always explore every angle.

Why You Need A Criminal Defense Lawyer In Denver, CO

Handling a DUI case on your own is very risky. Prosecutors in Denver know field sobriety tests are persuasive to juries, even if they should not be. Without a strong defense, you could face serious consequences such as:

  • License suspension
  • Fines and court costs
  • Mandatory classes or treatment
  • Jail time

We are a defense team that understands how to take on the state’s case. We fight aggressively. We do not let police mistakes become your punishment. If you are facing DUI charges, you deserve a strong voice in court. We will stand with you and fight for the best possible outcome.

Understanding Your Rights and Legal Options

Failing field sobriety tests does not mean you were legally drunk. Those tests are subjective. They can be challenged. Strong DUI defense requires careful analysis of every detail. As your Denver DUI lawyer, we know how to defend your rights. Contact The Law Offices of Steven J. Pisani today to learn how we can help you fight your DUI charge.

Call Us For A Free Consultation With A Denver, Colorado Defense Attorney Today.

Get in Touch

Fields Marked With An “*” Are Required

Categories
Archives