Law enforcement officers in Erie County, Pennsylvania, have many tools to identify potentially intoxicated drivers and justify a drunk driving arrest. These tools include field sobriety tests, which are physical and mental exercises a police officer may ask a suspected drunk driver to perform after a traffic stop.
Common Field Sobriety Tests in Erie, Pennsylvania
Some standard field sobriety tests a police officer may ask you to perform in Erie, Pennsylvania, include:
- Horizontal Gaze Nystagmus (HGN) Test – In this test, the officer asks you to follow a small object, such as a pen or flashlight, with your eyes. The officer is watching for involuntary jerking of your eyes, which becomes more noticeable when you’re intoxicated.
- Walk-and-Turn Test – A police officer might ask you to take nine heel-to-toe steps along a straight line, then turning, and taking nine steps back. In this test, the officer is watching for difficulty balancing, stepping off the line, using arms for stability, or failing to follow instructions, as these are all “clues” of impairment.
- One-Leg Stand Test – This test involves standing on one foot, lifting the other about six inches off the ground, and counting aloud until instructed to stop. Swaying, bouncing, hopping, putting your foot down, or using your arms to balance are “clues” of impairment.
- Finger-to-Nose Test – While standing still, a police officer may ask you to extend your arms outward and bring the tip of each finger to your nose. Missing your nose or using the wrong hand can suggest a loss of coordination and potential intoxication.
- Romberg Balance Test – In this test, you tilt your head back, close your eyes, and estimate the passage of 30 seconds. During the test, the officer checks for swaying, an inability to keep your eyes closed, or misjudging the time.
- Alphabet Recitation Test – Finally, an officer may ask you to recite the alphabet without singing it or saying it in a specific order. Slurred speech, pauses, or difficulty recalling letters can indicate impairment.
Do You Have to Take Field Sobriety Tests?
You do not have to take field sobriety tests. In fact, you’re often better off refusing to take field sobriety tests, as these tests may make your situation worse. Even if you’re perfectly sober, you might struggle with these tests, leading to an arrest and further legal trouble.
Furthermore, you do not have to submit to roadside portable breath tests (PBTs) in Pennsylvania. However, refusing a breathalyzer or blood test following a DUI arrest violates Pennsylvania’s implied consent law and will lead to an automatic driver’s license suspension.
How Our Erie, Pennsylvania, DUI Defense Attorneys Can Help After an Arrest
Even if you refuse a field sobriety test or roadside portable breath test (PBT), the police might still take you into custody on suspicion of drunk driving. If this happens, don’t panic – call McCormick and Vilushis right away. Our DUI defense lawyers in Erie, Pennsylvania, can challenge the results of field sobriety, breathalyzer, or blood tests to help you contest these charges and protect your driving privileges. Call now or complete our contact form for a consultation.