Updated: Aug 7
Field sobriety testing is a standard procedure used by law enforcement officers in Pennsylvania to determine if a driver is under the influence of alcohol or drugs. While these tests are common, it's crucial to understand your rights and the nuances of these tests to protect yourself legally.
Your Right to Refuse Field Sobriety Testing
In Pennsylvania, you have the right to refuse field sobriety tests (FSTs). These tests, which include the Horizontal Gaze Nystagmus (HGN), the Walk and Turn (WAT), and the One-Leg Stand (OLS), are voluntary. Refusing to take these tests cannot be used against you in court as evidence of guilt. However, it is important to note that refusal might lead to arrest based on the officer's observations and other evidence.
Preserving Your Rights During a Field Sobriety Test
If an officer requests that you perform a field sobriety test, you can respectfully decline. Here are steps to preserve your rights:
Remain Calm and Respectful: Always be polite and cooperative. Arguing with an officer can escalate the situation.
Ask if You Are Free to Leave: Before agreeing to any test, ask the officer if you are free to go. If they say no, they must have a reason to detain you.
You Are Not Entitled to an Attorney at This Stage: At this point in the process, you are not yet entitled to an attorney and are not required to receive Miranda warnings. Simply state that you do not wish to perform the tests and intend to remain silent.
Record the Interaction: As of this writing, U.S. courts continue to protect an individual's right to record police in public places while they are performing their lawful duties, e.g., Fields v. City of Philadelphia, 862 F.3d 353 (3d Cir. 2017)1.
What to Expect During Field Sobriety Testing
Field sobriety tests are designed to assess your physical and cognitive abilities. Here’s what to expect from the most common tests:
Horizontal Gaze Nystagmus (HGN): The officer will ask you to follow a small object, such as a pen, with your eyes. They are looking for involuntary jerking of the eyes, which can indicate intoxication.
Walk and Turn (WAT): You will be asked to walk in a straight line, heel-to-toe, for nine steps, turn on one foot, and return in the same manner. This test assesses balance and the ability to follow instructions.
One-Leg Stand (OLS): You must stand on one leg while counting aloud for 30 seconds. This test evaluates balance and coordination.
Officer Training and Qualifications
Officers must be trained to administer field sobriety tests. This training is provided through the National Highway Traffic Safety Administration (NHTSA) and includes both classroom instruction and practical, hands-on experience. Proper training is essential to ensure the tests are conducted correctly and consistently.
Subjectivity in Test Interpretation
Field sobriety tests are inherently subjective, relying on the officer's observations and judgments. Factors such as poor lighting, uneven surfaces, or the individual's physical condition can affect the results. Officers must note their observations in detail, but these notes can be influenced by their expectations and biases.
Challenging the Results
If you believe an officer misinterpreted your performance, either intentionally or accidentally, there are several ways to challenge the results:
Question the Officer’s Training and Experience: Examine whether the officer who conducted the test was properly trained and experienced.
Highlight Environmental Factors: Point out any external factors that could have influenced your performance, such as uneven pavement, poor lighting, or adverse weather conditions.
Medical Conditions: Present evidence of any medical conditions that could impair your balance or coordination, which might have affected the test results.
Video Evidence: If the interaction was recorded, review the footage to identify any inconsistencies or errors in the administration of the test.
Legal Defense Strategies
An experienced criminal defense attorney can use various strategies to argue that the officer's interpretation of the test results was flawed:
Cross-Examination of the Officer: Your attorney can question the officer about their training, the conditions during the test, and any inconsistencies in their observations.
Expert Testimony: An expert witness can testify about the limitations and potential inaccuracies of field sobriety tests.
Alternative Explanations: Providing alternative explanations for your behavior or performance during the test can cast doubt on the officer’s conclusions.
Conclusion
Understanding your rights and the field sobriety testing process in Pennsylvania is crucial for protecting yourself during a DUI stop. Knowing that you can refuse the tests, how to conduct yourself if you choose to participate, and how to challenge the results can significantly impact your case. If you face charges based on field sobriety test results, consult an experienced attorney at Moro and Moro to ensure your rights are defended and the best possible outcome is achieved.
NOTHING IN THIS OR ANY OTHER BLOG POST CONSTITUTES LEGAL ADVICE OR FORMS AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE FIRM AND THE READER. INFORMATION ORIGINATING FROM THIS WEBSITE IS INTENDED FOR EDUCATIONAL PURPOSES ONLY.
References
Excellent article!