Imagine you just finished a long day at work. Your back aches, your eyes are stinging from dryness and you are counting the minutes until you hit the pillow. Then, you see the red and blue lights in the rearview mirror. For some Colorado workers, this is where a long day turns into a legal nightmare when police mistake signs of exhaustion as signs of intoxication.
The physical toll of labor mimics intoxication
Fatigue-related impairment is a real physiological state. Research from the National Safety Council shows that being awake for 18 hours can result in impairment levels similar to a 0.05% blood alcohol concentration. These physical markers are exactly what officers look for during a roadside investigation:
- Bloodshot eyes from dust, wind or lack of sleep
- Slowed reaction times and slurred speech due to mental exhaustion
- Poor balance during physical tests because of sore muscles or heavy work boots
- An inability to focus or follow a pen with your eyes when your brain is tired
Unfortunately, standard roadside tests do not account for the physical reality of a manual labor career. If you have been on your feet all day, you are already at a disadvantage before the test even begins.
Watch what you say at the window
You might think telling an officer you are “just exhausted” will help your case. However, admitting to extreme fatigue can sometimes be used to support a criminal charge in Colorado. And even if you had one beer after your shift, police could smell the alcohol and treat it as a factor supporting further DUI/DWAI investigation. This is why it’s important to remember that you have the right to remain silent and the right to refuse voluntary field sobriety tests.
Facing a DUI charge after a long day of work is a mess, but the situation is not hopeless. Understanding how your physical state impacts an officer’s perception is the first step in building a defense. By knowing your rights and the limitations of roadside testing, you can better protect your livelihood and your future.