When you are pulled over and the officer asks if you’ve had anything to drink, you may be shocked that they assume you are under the influence. However, you may be even more surprised when they ask you to participate in field sobriety testing. Before you agree, it’s imperative to understand your rights during these interactions. The following blog explores what happens during these tests, as well as the importance of working with a DUI lawyer in Montgomery County, PA.
What Happens During a Field Sobriety Test?
A field sobriety test is a physical assessment police officers utilize to determine whether or not someone is driving under the influence. Typically, this has three parts. The first is the horizontal gaze nystagmus test. Essentially, this occurs when an officer shines a flashlight in your eyes to look for involuntary movements of the eyes when moving, as alcohol can exaggerate these movements. The next test is the walk and turn, which looks for balance and the ability to listen to instructions. Finally, you may be asked to stand on one leg and count to check for balance and slurred speech or confusion.
Do I Have to Participate?
It’s critical to understand that you do not have to participate in a field sobriety test. In fact, you should politely tell the officer you decline. Generally, the officer will ask you to step out of your vehicle to begin the examination. While you are legally obligated to comply with their orders to exit your car, you do not have to perform the tasks of the test.
Field sobriety tests are flawed for a number of reasons, including the fact that many of these tests are very subjective. As such, the officer can claim you were inebriated based on the results of the one-legged balance portion, when, in reality, you may just have poor balance. However, this simply provides the officer and prosecution with additional evidence to charge you with driving under the influence.
You should note, however, that you do not have the right to decline a breathalyzer test without consequences. This is because Pennsylvania, like all other states, has implied consent laws. As such, refusing a breathalyzer can result in a license suspension.
As you can see, field sobriety tests can be incredibly difficult to navigate. That’s why it’s imperative to connect with an experienced attorney as soon as possible if you are pulled over by police because they suspect you of driving under the influence. At Mudrick & Zucker, P.C., our team understands how complicated these matters can be. As such, we will do everything in our power to help guide you through these difficult times and fight for the best possible outcome for your circumstances.
