In Pennsylvania, law enforcement uses Standardized Field Sobriety Tests (SFST) to assess whether a driver may be under the influence of alcohol or drugs. These standardized “tests” are a set of simple physical and cognitive tasks that were developed and studied by the National Highway Safety Administration. Originally introduced in the 1970s and refined through the 1980s, they provide police officers and highway patrol with a consistent method for roadside evaluations.

Common Field Sobriety Tests

The following are the most frequently administered Field Sobriety Tests:

• Horizontal Gaze Nystagmus (HGN) Test: An officer will ask you to follow an object, like a pen or a light, using only your eyes while keeping your head still. They are looking for involuntary jerking of the eyes.
• One-Leg Stand Test: During this test, the officer instructs you to stand on one leg, raising your other foot approximately six inches from the ground. You will then be asked to count aloud for about 30 seconds. The officer observes if you can maintain your balance and count accurately.
• Walk-and-Turn Test: This test requires you to walk in a straight line, heel-to-toe, for a specific number of steps. You will then be asked to turn around and walk back in the same manner. A Mercer criminal lawyer can explain how the results of these tests may be challenged.

It’s crucial to understand that even sober and able-bodied individuals can find these tests difficult. Factors like a pre-existing disability, illness, injury, or being overweight can prevent someone from successfully performing these tasks, potentially making them appear impaired when they are not. Additionally, uneven road surfaces, particularly on the shoulder where these tests are often conducted, can affect balance. Lastly, not all officers administer these tests according to the standardized procedures.

You are not legally obligated to perform a field sobriety test in Pennsylvania. You have the right to refuse to take them if you choose.

Chemical Testing and Implied Consent in Pennsylvania

The term “chemical testing” encompasses any blood, breath, or urine test administered by law enforcement to determine a person’s blood alcohol content (BAC) and whether they are driving under the influence (DUI). When you get a driver’s license in Pennsylvania, you automatically agree to “implied consent.” This means you have consented to submit to chemical testing when requested by a police officer.

Often during a traffic stop, if an officer suspects you are impaired, they may ask you to use a portable breath testing device. This device is commonly known as a preliminary breath test, a roadside breath test, or a breathalyzer. You might be asked to take this test regardless of whether you have performed any field sobriety tests. If this device shows your BAC is above the legal limit, you will be arrested for DUI. However, it is important to know that these portable breath tests are often unreliable and their results are not admissible as evidence in court by the prosecution. Consulting a Mercer DUI lawyer in Mercer can provide clarity on your specific situation.

Just like with field sobriety tests, there are no legal penalties for refusing a roadside breathalyzer test. However, refusing will not prevent an officer from arresting you if they have other reasons to believe you are intoxicated.

The legal consequences arise when you refuse a formal chemical test—a blood, breath, or urine test—after an arrest. This is where implied consent has significant implications. While you can still refuse, doing so leads to other penalties. Refusing a breath test can result in both civil and criminal charges separate from your DUI charge. If you refuse a blood test, you may face civil penalties but not additional criminal ones. A Mercer DUI lawyer can help you navigate these complex consequences.

If you have been arrested for drunk driving and provided a blood, breath, or urine sample, it is vital to contact our group immediately.

Sean Logue and the Logue Law Group are attorneys with extensive training in DUI laws, defenses, and arrest procedures. They have successfully handled hundreds of cases, applying their tenacity and dedication to achieve reduced charges or dismissals for their clients. A knowledgeable Mercer criminal lawyer in Mercer will fight for the best possible outcome.For a free, no-obligation initial consultation, call us at 412.389.0805 anytime, day or night.