Yes. In Colorado, roadside field sobriety maneuvers are generally voluntary. You can decline physical roadside exercises such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test. Colorado courts have repeatedly referred to roadside sobriety maneuvers as voluntary.
Refusing roadside field sobriety tests is different from refusing a post-arrest chemical breath or blood test under Colorado’s Expressed Consent law. That distinction can affect your driver’s license, the evidence in a criminal DUI case, and the way an attorney reviews your stop.
If you are stopped for suspected DUI in Colorado Springs, Colorado, an officer can continue the investigation even if you decline field sobriety tests. The officer may rely on driving behavior, statements, physical observations, video, witness information, or other evidence when deciding whether probable cause supports an arrest.
You can decline roadside field sobriety maneuvers in Colorado. That choice does not stop an officer from making an arrest when other evidence supports probable cause.
Are Field Sobriety Tests Mandatory in Colorado? 
Roadside field sobriety tests are generally treated as voluntary in Colorado. During a DUI investigation, an officer may ask you to step out of your vehicle and perform exercises designed to help the officer evaluate coordination, divided attention, balance, and other signs that may be associated with impairment.
The three standardized field sobriety tests commonly used are:
- Horizontal gaze nystagmus: The officer watches your eyes while you follow a stimulus from side to side.
- Walk-and-turn: You are asked to take heel-to-toe steps along a line, turn using specific instructions, and walk back.
- One-leg stand: You are asked to raise one foot, balance, count, and follow the officer’s instructions.
An officer may also ask you to perform other nonstandardized roadside exercises. The specific tests can vary by agency, training, and circumstances.
Your performance may become part of the evidence in a DUI case. An officer may document your balance, coordination, attention, statements, ability to follow instructions, and any observed testing clues. Body-camera or dash-camera footage may also capture the test conditions and your performance.
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Why Might You Decline Field Sobriety Tests?
Field sobriety testing takes place on the roadside rather than in a controlled setting. The surroundings and your physical condition can affect how you perform.
Factors that may affect roadside testing include:
- Previous knee, ankle, hip, or back injuries
• Balance disorders or neurological conditions
• Fatigue or lack of sleep
• Anxiety during police contact
• Footwear
• Uneven or sloped pavement
• Poor lighting
• Traffic and emergency lights
• Instructions that are unclear or incomplete
These factors do not automatically make a field sobriety test invalid. They can provide context when your attorney compares the officer’s report with video, medical information, and the other evidence.
If you decline the exercises, the officer can still continue the DUI investigation. Police may consider alleged lane violations, odor, speech, eye appearance, statements, difficulty handling documents, open containers, witness information, crash evidence, or other observations when deciding whether probable cause exists.
Is Refusing Field Sobriety Tests the Same as Refusing a Chemical Test?
No. A field sobriety test and a post-arrest chemical test are different parts of a Colorado DUI investigation.
Field sobriety tests usually occur during the roadside investigation. A handheld preliminary breath screening test may also be requested before an arrest. These roadside procedures are different from evidentiary breath or blood testing requested after an arrest under Colorado’s Expressed Consent law.
Colorado’s Expressed Consent law applies when an officer has probable cause to believe you drove in violation of the state’s impaired-driving laws and requests a qualifying chemical test. Refusing or failing to cooperate with required breath or blood testing can lead to separate driver’s license consequences. Evidence of a chemical-test refusal may also be admissible in a criminal DUI case.
For more information about DUI investigations, chemical testing, and defense issues, visit:
https://hancheylaw.com/colorado-springs-dui-lawyers/
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Lucas Garcia
Mark Hanchey has been excellent. I spoke with him last minute before my court date. He still showed up to court with me and was very caring and helped me before I had even officially hired him. I felt like he cared about me and my case. He knows his craft very well and you can tell that the judge and other attorneys respect him when he is in court. He is also very kind. I recommend him to anyone. An excellent attorney.
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I had an amazing experience with the Hanchey Law Firm! Mr. Hanchey got me the absolute best result I could have imagined for my case. I can’t even tell you how many times I’ve heard, “wow, you must have had a really good lawyer!” when discussing the result. I live far from Colorado Springs, but I will forever make the trip for this firm when I need them! Highly recommend!
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I have needed to use a lawyer a couple of times over the past several years and have used Mark Hanchey. He is a very down to earth person who has always treated me with dignity and has always been straight forward. His staff has also been professional and friendly. Each time I used Mark Hanchey the result was a positive one. I also think his fees are reasonable. I cant say enough good about Mark Hanchey.
Can Police Arrest You After You Refuse Field Sobriety Tests?
Yes. Declining field sobriety tests does not prevent an arrest.
An officer may decide that probable cause exists based on the totality of the circumstances even when you do not complete roadside maneuvers. The officer may rely on alleged driving violations, odor of alcohol or another substance, admissions about drinking or drug use, speech, eye appearance, balance, a collision, visible containers, witness statements, or other observations.
Taking field sobriety tests also does not mean that the officer’s conclusions are automatically correct. The legality of the stop, the officer’s instructions, the testing conditions, your physical condition, video evidence, and the full timeline can all affect how the evidence is evaluated.
A DUI defense attorney may compare the written police report with body-camera and dash-camera footage. Video may support the report, contradict portions of it, or provide context that is missing from the written account.
What If You Already Took the Field Sobriety Tests?
Taking field sobriety tests does not prevent you from challenging how the tests were conducted or interpreted. Standardized tests are designed to be administered using specific procedures, and the surrounding conditions can matter.
A DUI defense review may examine:
- Whether the officer explained the instructions clearly
• Whether the officer demonstrated the exercise correctly
• Whether the testing surface was reasonably suitable
• Whether you reported medical or physical limitations
• Whether the officer recorded testing clues consistently
• Whether body-camera or dash-camera footage matches the written report
• Whether nonstandardized exercises were described as standardized tests
• Whether the officer had a lawful basis for the traffic stop
• Whether the length and scope of the detention were lawful
• Whether probable cause supported the arrest
The purpose of this review is to determine what the evidence actually shows and whether the prosecution can prove the charged offense beyond a reasonable doubt.
If this is your first DUI arrest, this article may also help:
https://hancheylaw.com/first-time-dui-offenders-what-to-expect/
What About a Roadside Breath Test in Colorado?
A preliminary roadside breath test is different from the evidentiary breath test that may be requested after an arrest. Colorado transportation guidance states that Expressed Consent does not apply to roadside testing before a DUI arrest.
Colorado also enacted a law in 2026 concerning certain crashes that result in death or suspected serious bodily injury. Subject to statutory exceptions, the law requires an officer to offer a voluntary preliminary alcohol breath screening test and advise the driver that the driver may refuse or agree to provide a breath sample. The law took effect on August 12, 2026.
The stage of the investigation matters. A roadside breath screening test, field sobriety maneuver, evidentiary breath test, and blood draw are separate procedures with different legal rules and possible consequences.
What Happens After a DUI Arrest in Colorado Springs?
A DUI arrest can create two separate proceedings: a criminal court case and a Colorado Division of Motor Vehicles matter.
The criminal case may address charges such as:
- DUI
• DUI per se
• DWAI
• Other traffic or criminal charges connected with the incident
The DMV process concerns your driving privileges. Deadlines can be short. If you receive an Expressed Consent Affidavit and Notice of Revocation or other DMV paperwork, read it promptly and confirm the deadline that applies to your circumstances.
For information about another type of DUI enforcement setting, visit:
https://hancheylaw.com/colorado-dui-checkpoints-ahead-what-you-need-to-know/
What Evidence Can Matter in a Field Sobriety Test Case?
A field sobriety test is only one part of a DUI investigation. A defense review can involve several sources of evidence.
Depending on your case, relevant evidence may include:
- Body-camera footage
• Dash-camera footage
• Dispatch records
• Police reports
• Witness statements
• Photographs or video of the testing location
• Medical records
• Breath-testing records
• Blood-testing records
• Laboratory records
• Maintenance or certification records for testing equipment
• The timing of each stage of the stop and arrest
A Colorado Springs criminal defense attorney may also examine whether police lawfully initiated and expanded the traffic stop, whether probable cause supported the arrest, and whether statements, searches, or seizures raise separate constitutional issues.
For information about the firm’s broader criminal defense practice, visit:
https://hancheylaw.com/colorado-springs-criminal-defense-lawyers/
Practical Steps After a Colorado Springs DUI Stop
If you were arrested after a Colorado Springs DUI stop, preserving information from the investigation can help your attorney reconstruct what occurred.
Consider taking these steps:
- Keep every citation, court notice, Expressed Consent form, and DMV document.
• Write down the route you drove and the reason the officer gave for the stop.
• Record what questions the officer asked and what you remember saying.
• Note which roadside tests the officer requested and whether you agreed or declined.
• Write down what happened after the arrest, including any request for breath or blood testing.
• Keep receipts, photographs, location records, rideshare records, or other records that may help establish the timeline.
• Save contact information for any witnesses.
• Avoid posting details of the incident on social media.
• Review every court and DMV document for dates and deadlines.
Preserving these details can give your attorney more information when reviewing police reports, video, chemical testing, and DMV records.
Speak With a Colorado Springs DUI Attorney
If you have questions about field sobriety tests, chemical testing, your driver’s license, or the evidence supporting a DUI arrest, the Law Firm of Mark S. Hanchey and Ben Peterson can review the facts of your Colorado Springs, Colorado case.
The firm has handled criminal defense matters since 1992 and represents clients in Colorado Springs and throughout Colorado. Your case review can address the traffic stop, roadside testing, police video, arrest decision, chemical testing, court proceedings, and DMV paperwork.
Call (719) 212-1100 or visit:
https://hancheylaw.com/contact/
This article is for informational purposes only and is not legal advice. Speak with an attorney about the facts of your specific situation.
