Field Sobriety Tests in Pittsburgh

In Pennsylvania, police officers use Standardized Field Sobriety Tests (SFST) to assess whether a driver may be under the influence. These tests are a standardized set of simple physical tasks studied by the National Highway Safety Administration and approved for use by law enforcement. The initial versions of these tests were developed in the 1970s and were studied extensively throughout the 1980s.

Commonly Used Field Sobriety Tests

The following are the standard tests you may be asked to perform during a traffic stop:

• Horizontal Gaze Nystagmus Test: The officer will ask you to follow an object, such as a pen or a light, with your eyes only. You are instructed not to move your head during this test.
• One-Legged Stand Test: For this test, you’ll be instructed to stand on one leg and lift the other foot approximately six inches from the ground. You will then be asked to count aloud while the officer times you for 30 seconds to see 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 need to turn around as instructed and walk back in the same manner.

It’s important to understand that even sober individuals without any physical limitations can find these Field Sobriety Tests challenging. Factors like a disability, illness, injury, or being overweight can make it difficult to complete these tests successfully, potentially making someone appear impaired when they are not. The uneven surfaces of roadsides, where these tests are often conducted, can also affect performance. Furthermore, not all officers administer the tests according to the standardized procedures. A skilled Pittsburgh criminal lawyer can analyze the specifics of your case.

You have the legal right to refuse to perform a field sobriety test.

Chemical Testing in Pennsylvania and the Implied Consent Law

The phrase “chemical testing” refers to any test of your blood, breath, or urine that law enforcement officials use to determine if you are driving under the influence (DUI).

“Implied consent” is a legal principle that means by accepting your Pennsylvania driver’s license, you have already agreed to submit to chemical testing when requested by law enforcement.

During a traffic stop where an officer suspects you of drunk driving, they might ask you to blow into a portable breath testing device to measure your blood alcohol level. 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 either before or after being asked to perform field sobriety tests.

If this portable breath test indicates you are intoxicated (meaning your blood alcohol content is over the legal limit), you will be arrested for DUI. The good news is that these roadside breath tests are known to be unreliable and inaccurate. As a result, the results are generally not admissible as evidence by the prosecutor in court. A Pittsburgh DUI lawyer can provide more information on this.

Just as with field sobriety tests, there are no legal penalties for refusing to take a preliminary roadside breathalyzer test. However, refusing the tests 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 being arrested. This is where the implied consent law comes into effect. While you can refuse, doing so leads to other penalties. Refusing a breath test can result in both civil license suspension and separate criminal charges, in addition to your DUI charge. If you refuse a blood test, you may face civil penalties but not additional criminal charges for the refusal itself.

If you have been arrested for drunk driving in Allegheny County and provided a blood, urine, or breath sample to the police, it is crucial to contact the Logue Law Group immediately.

Sean Logue and the team at Logue Law Group are Pittsburgh criminal lawyers who have undergone extensive training in DUI laws, defenses, and arrest procedures. They have successfully handled hundreds of cases, applying their dedication and tenacity to each one, often resulting in charges being reduced or dismissed.

For a free consultation, call us at 412-387-6901 any time, day or night.