If you get pulled over by Pennsylvania police, they may ask you to take a field sobriety test if they suspect you of driving under the influence. Before this happens, it may be helpful to know what these tests are, if you can refuse them, and what happens if you do.
If an office has administered these tests and arrested you for a DUI or DWI, you have the right to contact our award-winning legal team at Rubin, Glickman, Steinberg & Gifford, P.C. We may be able to help you fight for your rights and reduce your charges. In the best-case scenario, your charges may be dismissed.
What Are Standardized Field Sobriety Tests?
While breathalyzer tests measure the amount of alcohol in the air when you exhale, field sobriety tests, specifically standardized field sobriety tests, measure your cognitive awareness, physical capabilities, and the ability to follow directions. These tests include the following:
- Standing on one leg
- Following an object with your eyes
- Walking heel-to-toe in a straight line and walking back
Law enforcement officers use these tests to see if you are impaired in any way by testing your balance and reflex response. However, these tests are not chemical-based, so they may not be as reliable. Your field sobriety test results are often based on the officer’s opinion of your actions, which are subjective.
Field Sobriety Testing in Pennsylvania
Field sobriety testing is a crucial aspect of DUI cases in Pennsylvania. Police officers use field sobriety tests to determine whether a driver is under the influence of drugs or alcohol. These tests are designed to assess a person’s cognitive awareness, physical capabilities, and ability to follow directions. However, field sobriety tests are not always reliable and can be disputed in court.
In Pennsylvania, you have the right to refuse to take a field sobriety test. Refusing to take a field sobriety test will not result in license suspension. However, it’s essential to note that refusing to take a field sobriety test may lead to an arrest and charge of DUI. If you are arrested, you have the right to contact a lawyer, such as Rubin, Glickman, Steinberg & Gifford, P.C., who can help you fight for your rights and reduce your charges.
Types of Field Sobriety Tests
There are several types of field sobriety tests used by police officers in Pennsylvania. These include:
- One Leg Stand Test: This test requires the driver to stand on one leg and hold the other foot about six inches off the ground. The driver must count rapidly from 1001 to 1030 while maintaining their balance.
- Finger to Nose Test: This test requires the driver to touch their finger to their nose and then to their finger again. The driver must repeat this process several times.
- Walk and Turn Test: This test requires the driver to walk along a straight line, turn around, and walk back to the starting point. The driver must keep their feet on the line and not step off.
- Horizontal Gaze Nystagmus Test: This test requires the driver to follow an object with their eyes while keeping their head still. The officer looks for “nystagmus,” which is involuntary movement of the eye.
These tests are designed to assess a person’s physical and cognitive abilities. However, they are not always reliable and can be affected by various factors, such as age, weight, and environmental conditions.
Can You Refuse a Field Sobriety Test in Pennsylvania?
When a police officer pulls you over at a DUI stop or checkpoint, they typically already have their suspicions about your state of mind, but they have to have probable cause to make an arrest. They often administer field sobriety tests as a means to attain probable cause. That said, Pennsylvania law allows you to refuse these tests, so officers cannot use them as a reason to arrest you. However, refusing chemical testing, such as blood or breath tests, can lead to severe legal consequences, including automatic license suspension and harsher penalties.
In addition, you also have the right to refuse to answer when a police officer asks you questions about your whereabouts or if you have been drinking. Any answers to these questions may incriminate you, so politely declining to respond gives the officer even less probable cause to arrest you.
What Happens if You Refuse a Field Sobriety Test?
Ideally, refusing a field sobriety test should have little to no negative consequences if done politely. An officer cannot force you to take the test, nor can they suspend your license for refusing the test. The only tests required by law in these circumstances are blood, urine, and breath tests.
While refusing a blood or breath test can have serious consequences, you cannot be prosecuted for turning down a field sobriety test. A portable breath test (PBT) may be used by law enforcement to estimate your blood alcohol content in the field, but its results are not as legally admissible as those from more accurate tests. If you do get arrested, our professional legal team has extensive knowledge of your rights and the laws regarding sobriety testing to build a strong case and reduce your charges.
Field Sobriety Tests Admissible in Court
Field sobriety tests are not always admissible in court. The admissibility of field sobriety tests depends on the specific circumstances of the case. In Pennsylvania, the horizontal gaze nystagmus test is only admissible at the preliminary hearing level and not at trial due to lack of scientific reliability. The remaining field sobriety tests are admissible at trial solely to establish probable cause.
However, field sobriety tests can be challenged in court. An experienced DUI attorney can review the administration and grading of field sobriety tests and identify errors in the testing process. Video evidence and documentation can also be used to refute field sobriety test results.
Contact a Pennsylvania DUI Lawyer at Rubin, Glickman, Steinberg & Gifford, P.C.
If a police officer pulls you over at a DUI stop, it is important to know your rights before answering questions or submitting to testing. In Pennsylvania, you have the right not to answer an officer’s questions and refuse a field sobriety test. If you do get arrested for a DUI, our talented attorneys at Rubin, Glickman, Steinberg & Gifford, P.C. may be able to help you.
Our skilled and knowledgeable team of professionals has been serving Pennsylvania for over 65 years. We are well-versed in DUI laws and have experience in all types of cases. With our vast experience, we may help you gather and examine evidence and fight for your rights. For a free consultation, fill out our contact form or call us at (215) 822-7575.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
April 7, 2025
