When a driver In Pennsylvania is stopped on suspicion of driving under the influence (DUI), a common point of confusion is whether he or she must submit to field sobriety tests. The simple answer is no. A driver has the right to refuse these tests without facing legal penalties. What’s more, there are good practical reasons for refusal.

Field sobriety tests are physical and cognitive exercises used to assess a driver's impairment. The most common tests are the walk-and-turn test, which evaluates balance and the ability to follow directions; the one-leg stand test, which measures balance and coordination; and the Horizontal Gaze Nystagmus (HGN), which tracks the involuntary jerking of the eyes as they follow a moving object. 

Taking a field sobriety test usually serves to provide the police officer with evidence of intoxication. The tests are subjective in nature and rely heavily on the officer's interpretation of the driver's performance. The results can be used to form probable cause for an arrest and may be presented in court as proof of impairment. Refusing these tests can limit the evidence available against you, which might even prevent the officer from putting you under arrest.

Although there is no legal penalty in Pennsylvania for refusing to perform field sobriety tests, the opposite is true for chemical tests, such as breath or blood tests, which are used to measure blood alcohol concentration (BAC). Under Pennsylvania's implied consent law, by driving on public roads, you automatically consent to submit to these chemical tests if lawfully requested by an officer. Refusal to take a breath or blood test carries significant consequences, including automatic license suspension for at least 12 months and potentially longer for repeat offenses. Additionally, refusal can be used as evidence against you in court. While refusal itself is not a separate criminal offense, it can lead to administrative penalties and complicate your defense in a DUI case.

If you are stopped on suspicion of drunk driving in Pennsylvania, you should remain calm, be polite and provide the documents requested of you, such as your driver's license, registration and proof of insurance. However, you should avoid making any admissions regarding alcohol consumption or impairment. Politely decline to answer questions about where you have been or what you have had to drink, and request to speak with a DUI defense attorney as soon as possible.

The skilled attorneys at Phil DiLucente & Associates, LLC understand the complexities of DUI law in Pennsylvania. We are dedicated to protecting your rights and achieving the best possible outcome for your case. Call us at 1.800.GET.PHIL or contact us online to make an appointment for a free initial consultation.