Contact Us Today

The Problems With Field Sobriety Tests

If you are pulled over on suspicion of drunk driving, the officer may ask you to perform certain field sobriety tests before making an arrest. These tests supposedly help officers determine whether you are impaired by alcohol or drugs and, if so, how badly.

Unless they are administered correctly, however, field sobriety tests are not an accurate or reliable measure of impairment. The criminal defense lawyers of Anaya, Foley & McKedy, P.C., in Colorado Springs, are often successful in getting the results of field sobriety tests suppressed, so they cannot be used against our clients.

Certified in Field Sobriety Testing

Two of our DUI defense attorneys, Cynthia McKedy and Eric Anaya, are certified to conduct field sobriety tests. They have taken the same training that law enforcement officers must take to learn how to test suspects correctly. All of us know how to mount a successful legal challenge against this type of evidence.

Reliability of the field sobriety tests depends on a variety of factors, including:

  • Where is the test administered?
    Does the test subject have medical conditions that may affect the outcome of the test?
  • A recent head injury or taking certain drugs can affect the outcome.
  • Did the officer give the instructions correctly?Common field sobriety tests include the horizontal gaze nystagmus (HGN) test. This tests the ability of the subject to smoothly follow a slowly moving object with his or her eyes. The walk-and-turn test and the one-leg stand test are assessments of an individual’s ability to listen to and follow instructions while performing simple physical movements.

If You Refuse the Breath Test

Most people are unaware that they have the right to refuse field sobriety testing. They willingly perform tests that are truly stacked against them. We work to see that jurors never get the results of flawed sobriety tests. If you do refuse the breath test, you may be facing the automatic suspension of your driver’s license for up to one year.

Contact a Colorado Field Sobriety Test Attorney
To discuss your DUI or DWAI case with an experienced attorney who knows how to get results, please contact our Colorado field sobriety test lawyers at to arrange a free consultation.