Field Sobriety Tests in Pittsburgh, PA DUI Cases
Taking a voluntary DUI roadside test
Evaluating whether a motorist was driving under the influence of alcohol or drugs (DUI) can be a complicated task. There might be innocent explanations for characteristics typically associated with intoxication, such as red eyes or unsteady walking. Field sobriety tests in Pennsylvania are used by law enforcement as specific, structured methods of assessing whether a driver is drunk or high. Still, errors occur, and the Western Pennsylvania DUI defense lawyers at Phil DiLucente & Associates, LLC in Pittsburgh know how to identify when something has gone wrong.
What police look for during roadside sobriety tests in Pittsburgh
Police officers who believe that someone is operating a vehicle while impaired might cite many different indicators in order to justify further investigation, including poor coordination, a lack of balance or irregular speech patterns. Aggressive or evasive behavior might also raise suspicions. While the impressions officers get from these observations might be accurate, they could also be incorrect and prejudicial, especially if the motorist is nervous.
Three standardized field sobriety tests used in Pennsylvania
In an effort to create a fair, standardized evaluation process, Pennsylvania trains law enforcement to conduct the following three types of field sobriety tests:
- Walk-and-turn — The driver is instructed to walk nine steps in a straight line, placing one foot directly in front of the other and counting off steps. From there, they are expected to turn and walk back in the same manner while law enforcement checks for a lack of steadiness or trouble counting.
- One-leg stand — For a period of approximately 30 seconds, the driver is supposed to stand on one leg while suspending the other six inches or so above the ground. Falling or even wobbling, might be considered evidence of intoxication.
- Horizontal gaze nystagmus (HGN) — In this test, an officer asks the subject to follow a pen or small light with only their eyes. Law enforcement officers are trained to recognize jittery eye movements as a sign of alcohol impairment.
Our Pittsburgh DUI attorneys closely review evidence, including video when it exists, to challenge improper administration or interpretation of field sobriety tests.
Common reasons field sobriety tests produce inaccurate results
It’s easy to understand why the outcome of any of the field sobriety tests can lead to a false assessment that a motorist is drunk or on drugs. Many people have a difficult time standing on one leg for an extended period of time under the best of circumstances. Uneven pavement, poor lighting and inclement weather conditions might cause someone to slip. Vision problems, medical conditions that affect walking, vertigo, prescription medication and a wide range of other factors could be reasons to find that people are impaired when in fact they are not. While police are trained to ask suspects about factors that affect test performance, it is easy for mistakes to be made.
Can you refuse field sobriety tests in Pittsburgh?
While refusing a DUI breath test incident to arrest can result in civil and criminal consequences, including license suspension, field sobriety tests are voluntary in Pennsylvania. However, police might use a driver’s objection as probable cause of criminal activity and take the driver into custody.
How field sobriety test results are used in DUI cases
Although results of field sobriety tests may be inconclusive, police often use what occurred to support a finding of probable cause. This enables them to make an arrest and conduct scientific testing. Should the case be prosecuted, the officer’s testimony regarding one or more of the three tests might be used in support of a guilty verdict. We aggressively counter faulty tests and police witnesses who make prejudicial assumptions about certain behaviors.
Get a free consultation with an experienced Pennsylvania DUI defense lawyer
Phil DiLucente & Associates, LLC in Pittsburgh provides comprehensive defense counsel to Western Pennsylvanians charged with driving under the influence of alcohol or drugs. We take on police and prosecutors, identifying flaws that occur in the administration of field sobriety tests and other law enforcement actions. Please call our firm at 1.800.GET.PHIL or Pittsburgh DUI attorneys for a free consultation.