Field Sobriety Tests in Colorado Springs: What You Need to Know

If you’re pulled over in Colorado Springs on suspicion of DUI, there’s a good chance the officer will ask you to perform field sobriety tests (FSTs). These tests, all called “roadsides,” are designed to help law enforcement assess whether you are impaired. Many drivers don’t understand their rights or how these tests actually work.

This article explains the three standardized field sobriety tests used in Colorado Springs and throughout the United States: the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand. We’ll also cover how the tests are used, how reliable they are, and what your legal options are if you’re facing DUI or DWAI charges.

There are, of course, other FST tests that can be done, such as ABCs, counting, lack of convergence (finger to nose), Romberg (balance), and more.

Before you read further: Field sobriety tests are voluntary. You are not required to participate. In most situations, the best move is not to give officers any more evidence in your case. I generally believe that completing FSTs is not going to help you in your defense. They are very subjective, and an officer’s opinion of how you performed can carry a lot of weight in some cases. Very rarely have I had cases where the FSTs were a net positive in my defense (although it has happened).

What Are Field Sobriety Tests?

Field sobriety tests are physical and cognitive exercises developed by the National Highway Traffic Safety Administration (NHTSA) to help officers determine if a driver is impaired by alcohol or drugs. FSTs are voluntary in Colorado. Based on the coercive situation, sometimes people don’t understand the voluntariness of the FSTs. Or some officers may not always make it clear that there is no penalty for not participating in roadsides.

While FSTs can be used as evidence in court, they are subjective and can be challenged with the help of a DUI attorney.

Field Sobriety Tests in Colorado Springs: Horizontal Gaze Nystagmus (HGN) Test

The HGN test looks for involuntary jerking of the eyes, which may be more pronounced in individuals under the influence of alcohol.

How it works:

• The officer asks you to follow a small object (like a pen or a finger) with your eyes.
• They observe for signs such as:
  • Jerking (nystagmus) at maximum deviation
  • Lack of smooth pursuit
  • Onset of nystagmus before 45 degrees

Problems with the test:

• Nystagmus can be caused by fatigue, neurological issues, or even inner ear disorders.
• Officers must be properly trained to perform and interpret the test.

Field Sobriety Tests in Colorado Springs: Walk-and-Turn Test

This test evaluates your divided attention, which is often impaired by alcohol.

How it works:

• You’re asked to take 9 heel-to-toe steps along a straight line, turn on one foot, and return the same way.
• Officers watch for:
  • Loss of balance
  • Failing to follow instructions
  • Starting too early
  • Incorrect number of steps
  • Inability to walk heel-to-toe
  • Stepping off the line

Problems with the test:

• Uneven pavement, poor footwear, nervousness, age, time of day, lighting issues or medical conditions can affect your performance.
• This test can be especially unreliable for people over 65 years old or more than 50 pounds overweight (per NHTSA guidelines). It is also unreliable for people with injuries that affect their walking, like leg, knee, or back injuries

Field Sobriety Tests in Colorado Springs: One-Leg Stand Test

Another divided attention test, the One-Leg Stand involves physical coordination and balance.

How it works:

• You raise one foot about 6 inches off the ground and count out loud for 30 seconds.
• Officers look for:
  • Swaying or hopping
  • Using arms for balance
  • Putting the foot down early

Problems with the test:

• Many sober individuals struggle to complete this test, especially in poor weather or under stress.
• Anxiety and even roadside distractions (passing traffic, lights) can affect balance and performance.

Know Your Rights at a DUI Stop

In Colorado, you are not legally required to perform field sobriety tests. You have the right to politely refuse them without legal penalty. However, refusing a chemical test (like a breathalyzer or blood test) after arrest can result in automatic license suspension under Colorado’s express consent law. A refusal of a chemical test can also be used against you in Court.

If you’ve been asked to perform FSTs or are facing DUI charges in Colorado Springs, contact a lawyer as soon as possible. These tests are not foolproof, and a skilled defense attorney can often challenge their validity in court.

Protect Yourself with the Right Legal Help

At the McDowell Law Firm, we understand how field sobriety tests work — and how to challenge them. If you were arrested for DUI in Colorado Springs after performing the HGN, Walk-and-Turn, or One-Leg Stand, give us a call for a free consultation to discuss how we can help you fight your charges.

FAQ: Field Sobriety Tests in Colorado Springs

Do I have to take field sobriety tests in Colorado Springs?

No. These tests are voluntary, and you can refuse without automatic penalties. Always be respectful, but you are not legally obligated to comply with FSTs. I’m generally of the opinion that they are much more likely to hurt your case than they are to help. In most situations, I think it is a bad idea to participate.

Can a DUI charge be based on failed field sobriety tests alone?

Yes, it’s possible, but law enforcement officers typically use them alongside other evidence:

• BAC tests
• Bad driving
• Odor of alcohol
• Unsteady
• Slurred speech
• Admissions

An experienced DUI attorney can challenge how the tests were administered and other indicia of intoxication, as your case demands.

Are these tests reliable?

Not always. They are only as good as the person giving and interpreting the FSTs. Keep in mind, if they offer FSTs, it’s because they believe you might be impaired. I believe there is often confirmation bias in how officers feel suspected DUI drivers perform on roadside testing.

Even sober drivers may fail due to nerves, medical issues, or environmental conditions. Field sobriety tests are subjective and open to legal challenge.

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