Are Field Sobriety Tests Voluntary If Pulled Over for a DUI in Denver?

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If you are pulled over on suspicion of a DUI in Denver, know that all the field sobriety tests are voluntary.

Watch the video below to see our DUI defense attorney William Smith, a former Deputy District Attorney, explain why and how you should decline to take these tests. If you have been arrested or cited for an alcohol or marijuana DUI in Colorado, contact our defense attorneys as soon as possible. You must act quickly to avoid having your driver’s license revoked, in addition to other penalties. At Thomas Law Firm, our criminal defense lawyers are former prosecutors and district attorneys.


My name is Will Smith and I work here at Thomas Law Firm, and I’m one of the team of attorneys that represents our clients. My background before I came to work in private defense is with the DA’s office, where I was the Deputy District Attorney. Bottom line, I know what the prosecution is looking at when they look at your case.

There are three standardized test in Colorado, one is a horizontal gaze nystagmus, the other is the walk-and-turn and then finally, there is the one-leg stand. The most important thing to remember is that those are voluntary maneuvers. The second most important thing to remember that law enforcement should be respected and they should be appropriately communicated to.

It will not benefit you in any way to be adversarial or confrontational with law enforcement. It is only going to cause more problems for you, trust me. Ultimately though, you should absolutely politely decline to do those roadside maneuvers. Those tests are only as good as the law enforcement officer who’s observing those tests. If you want to know more about me and other attorneys in my practice area, go to

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When contacting our offices one of the first questions people will often ask our defense attorneys is “What is the chance of winning a case in Colorado?” Every case is unique and presents a different set of circumstances. For example, a case in Aurora would be defended differently from a case in Denver, or a case in Lakewood. However, the sooner you contact a lawyer, the greater your chances are of getting a favorable outcome. Our attorneys have the combined experience of handling thousands of cases throughout their careers.

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