Whenever it comes up in conversation that I'm a criminal defense lawyer with a focus on DUI defense, people always ask "What should I do if I'm stopped by the police and accused of driving under the influence?" One of the universal things I tell them is that they SHOULD NOT agree to submit to any of the roadside sobriety tests. Why? Because sober people fail these tests. The following news story from Naperville, IL is a perfect example. This gentleman was stopped by the police, suspected of driving under the influence, subjected to roadside sobriety testing, and arrested. When he arrived at the police station and cooperated with a breathalyzer test, his alcohol level was found to be...ZERO.
Roadside sobriety tests are very subjective and any perceived impairment will result in an arrest for DUI. In Colorado, there is no requirement to complete these tests. You will not lose your license for declining them. In most cases, if the officer is asking you to do these tests, they have already decided to arrest you. They are just looking to build more evidence against you.
Exercise your rights and politely decline!