If you get pulled over and are suspected of driving while under the influence of drugs or alcohol, one of the ways the police officer may evaluate your condition is by conducting a series of field sobriety tests. Understanding your legal rights and options during a traffic stop is crucial in protecting yourself. If you want to know whether or not you can refuse a field sobriety test in Pennsylvania, continue reading and consult with an experienced York County, PA DUI attorney today.
What is the Purpose of a Field Sobriety Test?
Law enforcement officers use field sobriety tests to assess a driver’s level of intoxication. When a police officer pulls a driver over under suspicion that they are driving under the influence of drugs or alcohol, they use the traffic stop to observe how the individual looks, smells, and behaves to evaluate whether they seem impaired.
The three most commonly used field sobriety tests are the horizontal gaze nystagmus, the walk and turn test, and the one-leg stand test. Each of these tests serves a different purpose.
For example, during the horizontal gaze nystagmus test, the officer will move an object side to side and ask the driver to follow the movement with only their eyes. Involuntary jerking of the eyeballs is commonly found in individuals intoxicated by alcohol. The officer can use this opportunity to see whether or not the individual exhibits the symptom.
The walk and turn test involves the driver walking heel to toe for a set number of steps before turning on one leg and walking back the same direction. Losing balance, being unable to walk heel to toe, and losing count of steps are all symptoms of impairment that the officer can look out for.
Lastly, during the one-leg stand test, the driver will be asked to balance on one leg while counting out loud. Swaying, putting their foot down, losing count, hopping around, and more can offer evidence that the individual’s physical and cognitive abilities are impaired.
Can I Refuse a Field Sobriety Test in PA?
Pennsylvania’s implied consent law states that any person who operates a motor vehicle in the state has given their implied consent to chemical testing of the breath or blood to determine whether they are under the influence of alcohol or a controlled substance. However, field sobriety tests are not included under this law.
You are within your rights to refuse to participate in a field sobriety test in Pennsylvania. You will not incur automatic criminal penalties like you would for refusing a breathalyzer. However, it is important to understand that your refusal may not prevent you from being arrested, chemically tested, or charged with a DUI. Refusing could make an officer more suspicious of your intoxication and could be used as evidence against you in court.
Depending on the situation, it may be more advantageous to participate in the test or refuse. To learn more about your legal rights and options, reach out to an experienced defense attorney today.
