Can You Refuse a Field Sobriety Test in Pennsylvania?

Being pulled over for a suspected DUI can be stressful and intimidating. Many drivers are unsure whether they must participate in roadside testing or whether they can refuse. One of the most common questions our office receives is:

Can you refuse a field sobriety test in Pennsylvania?

The short answer is yes. In Pennsylvania, field sobriety tests are generally voluntary. However, refusing a field sobriety test does not necessarily mean you will avoid arrest, and there are important distinctions between roadside tests and chemical testing that every driver should understand.

What Are Field Sobriety Tests?What Are Field Sobriety Tests?

Field sobriety tests are roadside exercises used by police officers to evaluate whether a driver may be impaired by alcohol or drugs. The most common tests include:

Walk-and-Turn Test

The driver is asked to walk heel-to-toe along a straight line, turn, and return in the same manner.

One-Leg Stand Test

The driver is instructed to stand on one leg for a designated period of time while counting aloud.

Horizontal Gaze Nystagmus (HGN) Test

The officer observes the driver's eyes while following an object, looking for involuntary eye movements that may indicate impairment.

These tests were developed by the National Highway Traffic Safety Administration (NHTSA) and are commonly used during Pennsylvania DUI investigations.

Are Field Sobriety Tests Mandatory in Pennsylvania?

No.

Unlike chemical testing, Pennsylvania law generally does not require drivers to perform field sobriety tests. A driver may decline to participate in these roadside exercises.

However, refusing a field sobriety test does not prevent an officer from making an arrest if the officer believes there is sufficient evidence of impairment.

For example, an officer may still consider:

• The manner of driving;
• Odor of alcohol;
• Bloodshot or glassy eyes;
• Slurred speech;
• Admissions regarding alcohol consumption; and
• Other observations made during the traffic stop.

Why Do Some Drivers Refuse Field Sobriety Tests?

Many drivers assume that field sobriety tests are objective and scientifically precise. In reality, numerous factors unrelated to alcohol consumption can affect performance.

Examples include:

• Uneven pavement;
• Poor weather conditions;
• Improper footwear;
• Physical injuries;
• Back, knee, or ankle problems;
• Medical conditions;
• Fatigue; and
• Nervousness during a traffic stop.

In our experience representing clients throughout Luzerne County and Northeastern Pennsylvania, many individuals perform poorly on field sobriety tests for reasons completely unrelated to intoxication.

What Happens If You Refuse a Field Sobriety Test?

If you refuse a field sobriety test, the officer will typically document the refusal in the police report.

The officer may still:

• Continue the investigation;
• Request chemical testing;
• Place you under arrest for DUI; or
• Seek additional evidence of impairment.

While refusal alone does not establish guilt, prosecutors may argue that a refusal should be considered along with the other evidence in the case.

Understanding Pennsylvania's Implied Consent Law

Many drivers confuse field sobriety tests with chemical testing.

The distinction is important.

Pennsylvania's Implied Consent Law applies to chemical testing, including:

• Blood tests;
• Breath tests; and
• Urine tests.

By operating a motor vehicle in Pennsylvania, drivers are deemed to have consented to chemical testing when an officer has reasonable grounds to believe they were driving under the influence.

Can You Refuse a Blood Test or Breath Test?

You may physically refuse chemical testing, but doing so can result in significant consequences.

Depending on the circumstances, refusing a chemical test may lead to:

• Driver's license suspension;
• Enhanced criminal penalties; and
• Additional evidence being introduced against you in court.

The consequences associated with refusing chemical testing are generally far more serious than refusing a roadside field sobriety test.

Should You Refuse a Field Sobriety Test?

There is no universal answer.

Every situation is different, and what may be beneficial in one case could be harmful in another. Factors that may affect the analysis include:

• Prior DUI history;
• Medical conditions;
• Physical limitations;
• Statements already made to police; and
• The officer's observations.

If you have been arrested for DUI, it is important to speak with an experienced Pennsylvania criminal defense attorney as soon as possible.

How a DUI Defense Lawyer Can Help

A DUI arrest does not automatically result in a conviction. An experienced attorney can review:

• The legality of the traffic stop;
• The officer's observations;
• Field sobriety testing procedures;
• Chemical testing procedures;
• Body camera footage;
• Dash camera footage; and
• Any constitutional issues that may affect the case.

At Sklarosky Law, we represent individuals charged with DUI offenses throughout Luzerne County and Northeastern Pennsylvania. We carefully examine every aspect of the investigation to determine whether the Commonwealth can prove its case beyond a reasonable doubt.

Contact a Pennsylvania DUI Lawyer

If you have been arrested for DUI or have questions about field sobriety tests in Pennsylvania, contact Sklarosky Law today. We can review the facts of your case, explain your rights, and help you determine the best course of action moving forward.

Sklarosky Law defends individuals charged with DUI throughout Northeastern Pennsylvania, call (570) 283-1200 or use our online contact form to schedule a free confidential consultation today.