If police stop you in Pennsylvania because they suspect you are driving under the influence (DUI), they may ask you to complete different types of tests. Knowing the difference between voluntary roadside exercises and required chemical testing can help you make better decisions during a stressful traffic stop. Understanding your options is important because your choices during the stop may affect a possible DUI case.
The difference between field sobriety tests and chemical tests
Officers use roadside exercises to evaluate possible impairment. These exercises usually include the horizontal gaze nystagmus test, which requires you to follow a pen or flashlight with your eyes, the walk-and-turn test and the one-leg stand test. These physical tests are voluntary in Pennsylvania, meaning you have the legal right to refuse them without having to face automatic penalties.
However, chemical testing works differently. The state’s implied consent law generally requires drivers who lawfully face DUI arrest to submit to a requested chemical test. By driving on Pennsylvania roads, you agree to chemical testing when police lawfully request it.
A refusal after arrest can lead to serious consequences, including a license suspension. Prosecutors may also use the refusal as evidence in a DUI case.
Why you might consider refusing field sobriety tests
You may have valid reasons for choosing not to participate in roadside exercises. Medical conditions affecting balance, coordination or vision can make the results inaccurate. Inner ear problems, knee injuries, ankle issues, back conditions and neurological disorders may affect your performance even if you are sober.
Physical limitations can also affect your results. Weight, age or mobility restrictions may make certain movements difficult. Nervousness during a police encounter can also affect your ability to perform these exercises.
The environment can also influence the outcome. Uneven pavement, gravel roads or slippery surfaces may make balance exercises harder. Poor lighting, traffic noise, rain and strong winds can affect your performance. Footwear, including high heels or heavy boots, may also create challenges.
How field sobriety test results can be used against you
Officers use these exercises to gather evidence that may support probable cause for a DUI arrest. Officers record your performance as part of their observations and may include those details in police reports or testimony. However, these evaluations are subjective. Officers interpret the results, and personal judgment can affect whether they believe someone showed signs of impairment.
Studies show that these exercises are not always reliable, even in good conditions. Officer training, the testing environment and individual physical differences can influence the results. By participating, you provide police with additional information that they may use to support an arrest or DUI charge.
What you can do to protect yourself
If police stop you, remain calm and respectful during the encounter. Provide your license, registration and proof of insurance when requested because Pennsylvania law requires drivers to provide this information. You can politely choose not to participate in roadside exercises by stating that you do not wish to take part.
The Constitution protects you during police encounters. Aside from providing basic identifying information, you have the right to remain silent. You do not have to answer questions about your whereabouts, whether you drank alcohol or how much you consumed. Politely telling the officer that you want to remain silent can help you protect your rights.
Understanding your legal options after refusing a test
If police arrest you after you decline roadside exercises, consider speaking with a DUI attorney as soon as possible. An experienced lawyer can review the details of the stop, explain your options and identify possible defenses. This guidance can help you understand your options and the next steps you can take in your case, potentially strengthening your position against a DUI charge.
