If you get pulled over, the officer may ask you to complete a series of tasks known as a field sobriety test. In Pennsylvania, you do not have to submit to a field sobriety test during a traffic stop. You have the legal right to refuse to participate in the test, as it is voluntary and not required under state law. However, doing so can influence the outcome of the stop and your case. For more information and legal advice, reach out to a Montgomery County DUI lawyer today.
What is a Field Sobriety Test?
Field sobriety tests are assessments designed to help a law enforcement officer evaluate a driver’s physical and cognitive abilities to determine whether they are under the influence of drugs or alcohol. There are three tests standardized by the NHTSA (National Highway Traffic Safety Administration) that assess balance, coordination, listening, and multitasking skills.
The three main field sobriety tests are as follows.
- Horizontal gaze nystagmus: The officer moves an object side to side in front of the driver and asks them to follow the movement with their eyes to detect involuntary movements of the eyeball
- Walk and turn: The driver walks a certain number of steps heel to toe, turns on one foot, and walks back the same way to demonstrate balance, following directions, and focus
- One leg stand: The driver stands on one leg for a certain amount of time while counting out loud to demonstrate balance and cognitive abilities
Do I Have to Submit to a Field Sobriety Test in PA?
Drivers may be hesitant to submit to field sobriety tests as they are not always reliable. Factors like medical conditions, age, health, weight, and environmental circumstances can affect an individual’s performance, potentially leading to inaccurate results. The good news is that you do not have to submit to a field sobriety test after being pulled over in Pennsylvania.
Section 1547 of Pennsylvania law states that any driver who operates a motor vehicle in the state has given their implied consent to chemical testing of the breath or blood for the purpose of evaluating the use of drugs or alcohol. However, this law does not extend to field sobriety tests.
What Are the Consequences of Refusing a Field Sobriety Test?
Although you will not incur legal charges for refusing to participate in a field sobriety test, other consequences may arise. The officer can still arrest you without the field sobriety test results if there is other evidence and probable cause to believe you are impaired. In fact, your refusal could make the officer more suspicious of your intoxication.
The prosecution can also use your refusal as evidence in court. Although refusing to participate is not equal to an admission of guilt, it could be presented to the court that way and could convince a jury that you were attempting to hide your intoxication.
To learn more about your legal rights and options after being pulled over, reach out to an experienced attorney today.
