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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption