If you are pulled over by a Fort Collins Police Officer on suspicion of Driving Under the Influence / DUI, you will be asked if you would like to participate in some voluntary roadside tests. Our top criminal defense lawyers advise that you should always politely decline these tests. Roadside tests are often framed as ways to help you prove that you didn’t consume alcohol prior to driving. However, they can actually lead to you being handcuffed and booked into the Larimer County Jail. Keep reading as our top criminal defense attorneys explain roadside tests, and why they are never a good idea in Larimer County:
1. What is Probable Cause in Fort Collins?
To understand roadside tests and why they are administered in Fort Collins, it is first essential to understand probable cause. Probable cause is the standard that the Fort Collins Police must meet to effect a lawful arrest. Essentially, there must be enough facts and evidence demonstrating that you committed a crime before you can be arrested. In other words, the Police cannot arrest you arbitrarily – this would be a violation of your Fourth Amendment rights.
When you are pulled over by Fort Collins Police, it is unlikely that they already have enough probable cause to arrest you immediately. They only had reasonable suspicion at that point after observing how you drove. Therefore, the Police need to gather probable cause before they can arrest you. This is where roadside tests come in.
2. What are Roadside Tests in Loveland and Estes Park?
If you are pulled over in Loveland or Estes Park on suspicion of DUI, you may be asked if you would like to participate in roadside tests. These tests include preliminary breath tests / PBTs and field sobriety tests / FSTs. PBTs involve blowing into a handheld device, which displays a reading of your Blood Alcohol Content / BAC. FSTs are a series of tests used by law enforcement to search for signs of intoxication, such as inability to follow instructions or loss of balance. Standardized field sobriety tests include the Horizontal Gaze Nystagmus, Walk and Turn, and One-Leg Stand test. These tests are completely voluntary, and you should never participate in them – even if you are totally sober.
3. Why Shouldn’t I Participate in Larimer County Roadside Tests?
It may seem like a good idea to participate in roadside tests if you are pulled over by the Larimer County Sheriff. After all, if you take these tests, you can prove that you weren’t drinking and driving, or that you were well under the legal limit – or so you think. What you might not know is that if you take these tests, there is a significant likelihood of you being arrested and charged with DUI or Driving While Ability Impaired / DWAI.
Roadside tests are never for a driver’s benefit, even though law enforcement tends to frame them as such. They only serve to help law enforcement establish enough probable cause to make an arrest – not prove innocence. The Officer will also not be forgiving, and will look for the smallest mistakes you make while taking these tests. Weather, medical conditions, and stress can all affect your performance on field sobriety tests. Improper calibration can result in a false reading on the PBT. The Officer who pulled you over won’t ask if one of these factors impacted your test, however – he’ll just assume you’re drunk or high.
4. Charged with DUI or DWAI? Contact a Top Fort Collins Lawyer Today
If you have been charged with DUI or DWAI, your first step should be to contact a top Fort Collins criminal defense lawyer today. Charges for drinking and driving can wreck your future if you do not retain the best criminal defense attorney to represent you at the Larimer County Courts. Incarceration at the Larimer County Jail, driver’s license revocation, and fines and surcharges are just a few penalties you could face if you are convicted. Even if you participated in roadside tests, we can still provide you with the quality representation you need during this stressful time. Don’t wait, and call us today.
Have you been charged with Driving While Ability Impaired or Driving Under the Influence? Remember to exercise your right to remain silent. Then call 970-658-0007 to get in contact with a top criminal defense lawyer and discuss your charges. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Rodolfo Gaion