Are You Required to Undergo a Roadside Sobriety Test?

By Ryan Peterson on November 22, 2023

Were you aware that you are not legally obligated to comply with a roadside sobriety test? It’s indeed the case! You have the right to refuse participation in such a test.

However, there is a distinction between roadside sobriety tests, which are voluntary and may be refused, and the choice to cooperate with a blood or breath test after being arrested. While an officer cannot physically force you to provide a blood or breath test after arresting you for DUI, if you refuse to cooperate with a blood or breath test after being placed under arrest for suspicion of DUI, there can be consequences to your driver’s license. You will then face the possibility of having your license revoked by the DMV in a case that is separate from the court case. It is important to be aware that you will likely need to take action within 7 days of the date of your arrest in order to prevent an automatic revocation of your driver’s license after a DUI arrest. For this reason, it is vital that you speak with an experienced Colorado DUI attorney as soon as possible after being arrested for DUI to ensure that you know what action needs to be taken to protect your driver’s license.

Prior to being formally arrested by a law enforcement officer, there is no obligation to undergo a field sobriety test. However, once you have been placed under arrest, you may face harsher consequences to your driving privilege if you do not consent to a chemical test..