When you are pulled over by the police, the last thing you may anticipate is being asked how much you’ve had to drink. However, matters can get even more serious when you are asked to participate in a field sobriety test. If you’re unfamiliar with these tests, it’s critical to learn what they entail as well as your rights regarding these assessments. The following blog explores what you must know about these matters, including the importance of working with a DUI lawyer in Montgomery County, PA.
What Is a Field Sobriety Test?
When an officer conducts a traffic stop and has reason to believe the driver of the vehicle is under the influence, they have the right to request a field sobriety test. This is a test used to help an officer determine whether or not an individual shows signs of intoxication. It is critical to note that the results of a field sobriety test are not admissible in court and can only be used to establish probable cause for an arrest.
A field sobriety test is a physical assessment conducted by an officer that determines your level of impairment. Typically, these consist of three tests. The first is the horizontal gaze nystagmus test, which consists of following an object with your eyes, allowing the officer to check for steadiness and dilation. Next is the walk and turn test, in which you are asked to walk in a straight line before turning around and walking back. This test is used to look for physical signs of impairment and the ability to follow directions. Finally, you may be asked to complete the one-leg test, which allows an officer to assess your balance.
Do I Need to Take One?
It is critical to understand that you are under no legal obligation to participate in a field sobriety test. If you are asked to step out of the vehicle, you must comply with the officer’s orders. However, there is no legal punishment for refusing to take the test once you are out of the vehicle.
In fact, it is strongly recommended that you do not take a field sobriety test. Many people struggle with the tasks of this assessment while sober, meaning it can serve as the basis for an incorrect arrest. Instead, you should politely refuse to take the test. However, you may then be asked to submit to a breathalyzer test. If you refuse this test, due to the implied consent laws in Pennsylvania, you can have your license suspended.
If you are facing a DUI charge in Pennsylvania, it’s imperative to take these charges seriously. Not only can you face time spent behind bars, but the fines and license suspension associated with a conviction can cause serious disruptions. As such, it is in your best interest to connect with an experienced criminal justice lawyer with Mudrick & Zucker, P.C. Our team understands how serious these matters can be, which is why we will do everything in our power to help guide you through these matters. Contact us today to learn how we can fight for you.
