Are the officers free to administer/change the roadside test for DUI as they wish?

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Are the officers free to administer/change the roadside test for DUI as they wish?

I was recently stopped and subsequently arrested for suspicion of DUI. I voluntarily agreed to perform the roadside test. The first test he asked me to do was what I thought would be the walk and turn. But what I was instructed to do was walk heel to toe and count to 9 and then without turning walk heel to toe backwards. Is that allowed? It was at night and I was asked to face both police cars which means the headlights as well, and he demonstrated it. I could not even count to 9 and I reached his headlights, so I stopped and said what do I do now, and started to walk backwards and said forget it. It really shook me up for the next 2 tests.

Asked on September 27, 2012 under Criminal Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country roadside check points administered by law enforcement officers are legal. If you were stopped at such a checkpoint and were arrested for a DUI based upon a variety of tests given you by law enforcement even if they changed the tests mid-stream such ia allowed under the law.

I suggest that you consult with a criminal defense attorney about your matter.


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