Seeing flashing police lights in your rearview mirror is a stressful experience for anyone. If an officer suspects you of driving under the influence (DUI), that stress can quickly escalate. You might be asked to step out of your car to perform a series of roadside exercises. This often leads to a crucial question I hear from my clients: “Did I have to take those tests?”
As a defense attorney here in Altoona, I want to provide some clarity on this common situation.
What Are Field Sobriety Tests?
First, it’s important to understand what these tests are. Standardized Field Sobriety Tests (FSTs) are a set of three physical and cognitive exercises that police use to gather evidence of impairment. These include the horizontal gaze nystagmus (an eye-tracking test), the walk-and-turn, and the one-leg stand. Officers use your performance on these tests to help them establish probable cause for a DUI arrest.
Are You Required to Take Them in Pennsylvania?
The direct answer is no. In Pennsylvania, you are not legally required to submit to field sobriety tests. These tests are voluntary. It is your right to politely decline the officer’s request to perform them.
It’s important to distinguish FSTs from chemical tests (a breathalyzer or blood test). Pennsylvania’s “implied consent” law means that by having a driver’s license, you have already agreed to submit to chemical testing if lawfully arrested for DUI. Refusing a chemical test carries serious and automatic penalties, including a license suspension. Refusing FSTs does not.
Should You Refuse Field Sobriety Tests?
Many factors can make it difficult to “pass” FSTs, even if you are completely sober. Nerves, physical limitations, medical conditions, poor lighting, or an uneven road surface can all affect your performance. Because the tests are subjective and evaluated by the officer on the spot, you are often at a disadvantage. By declining to perform the tests, you limit the evidence that can be used against you.
Take Control of Your Defense, Let John D. Sisto, P.C.Help You
If you have been arrested for a DUI in Altoona or the surrounding communities, understanding your rights is the first step toward building a strong defense. I can help you analyze the details of your traffic stop and challenge the evidence against you.
Don’t navigate this alone. For experienced legal guidance, call my office today at 814-425-5415 or fill out my online contact form to schedule a consultation.