Roadside maneuvers are voluntary
During a DUI investigation, a driver will be asked to perform the voluntary roadside maneuvers. There maneuvers are voluntary, which means that there are no consequences for saying "No, I choose not to perform the maneuvers." These maneuvers are difficult under the best of circumstances. One of the maneuvers is the Rhomberg, which requires the driver to close the eyes and tilt the head back to a 45 degree angle with the heels together. This position causes most people to lose their balance and if there is swaying in any direction, clues of intoxication are recorded.
The other part of the test is to count to 30 internally; not out loud. I find this to be impossible under the circumstances of a DUI investigation. The driver is upset, stressed, anxious, afraid and the mind is racing and thinking of everything but counting. It is mentally and emotionally beyond the capacity of most people to concentrate in such a situation. Some people get lucky and stop within a few second of 30; but this seldom happens.
Saying "No" to the voluntary roadside maneuvers is the right choice. Calling Larry Combs is the next decision to make.
"Over the last fourteen years, I have tried more jury trials than any practicing attorney in the 14th Judicial District (Routt County, Moffat County, and Grand County Colorado including Steamboat Springs, Craig, and Hot Sulphur Springs) with consistent success."
-- Larry D. Combs