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. You are legally allowed to decline participation, though you may still be arrested and subject to chemical testing. 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.
The Three Standardized Field Sobriety Tests
A field sobriety test is a physical assessment conducted by an officer that determines your level of impairment. Typically, these consist of three tests.
Horizontal Gaze Nystagmus Test
- You follow an object with your eyes so the officer can look for involuntary jerking
- Alcohol can exaggerate eye movements
- However, these movements can be caused by medical or neurological conditions unrelated to intoxication
Walk and Turn Test
- You walk heel-to-toe in a straight line for a number of steps, turn, and walk back
- Officers will evaluate balance, coordination, and the ability to follow instructions
- Minor missteps, including walking out of line or missing a heel-to-toe step, can be interpreted as impairment
One-Leg Test
- You stand on one leg while counting aloud
- This test examines balance and divided attention
- Physical conditions, like footwear and the conditions of the road where the test is performed, can impact performance
Key Facts About Field Sobriety Tests
- Field sobriety tests are subjective road assessments, not scientific proof of intoxication
- They are used to establish probable cause for arrest, not a conviction
- Even sober individuals can fail due to nerves, medical conditions, or uneven roads
- Tests are standardized by the National Highway Traffic Safety Administration (NHTSA)
Do I Need to Take a Field Sobriety Test in Montgomery County?
If you are pulled over in Montgomery County, Pennsylvania, 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.
Can You Refuse a Field Sobriety Test in Pennsylvania?
- Yes, you can legally refuse a roadside field sobriety test in Pennsylvania
- There is no direct penalty for refusing these roadside tests
- However, residual can still lead to arrest over other observations or taking a chemical test following arrest
What Happens if You Refuse Further Testing
- Refusal to participate can result in a breathalyzer or blood test
- Pennsylvania has an implied consent law that applies at this stage
- It is critical to note that while field sobriety tests are not definitive proof of intoxication, it can be used by law enforcement to establish probable cause and may be presented in court as observational officer evidence
- Drivers must understand:
- You do not have the right to consult an attorney prior to deciding if you will proceed
- You generally cannot choose which chemical test to take
What Should You Do During a DUI Stop?
Understanding how to navigate a DUI stop can be incredibly difficult. As such, knowing how to proceed if an officer pulls you over and asks if you’ve been drinking in Montgomery County is imperative.
Step-by-Step Guidance
- Remain calm, put your hazard lights on, and pull over as soon as it is safe to do so
- Provide all requested documents
- Remain polite, but do not provide unnecessary information or details
- You may:
- Politely decline field sobriety tests
- Ask if you are free to leave
- Do not admit to drinking, argue, or resist arrest
Contact an Experienced Montgomery County Criminal Defense Attorney
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.
