DUI Field Sobriety Test Lawyers Erie PA

Field Sobriety Testing in Pennsylvania DUI Cases

PA police officers who suspect that a motorist is impaired or under the influence of alcohol may request that the motorist take Standardized Field Sobriety Tests (SFSTs). These tests can be used by police as a screening tool to determine whether the driver is likely over the legal blood alcohol content (BAC) limit of .08 percent. There is no legal obligation for a driver to take a field sobriety test, in contrast to the legal requirement for drivers in PA to take breath tests. In other words: if you decline to take a field sobriety test, you cannot be charged with Breath Test Refusal. However, you can still be charged with a DUI, depending on the observations of the police officer. Moreover, the officer may still request that you take a breath test.

It is important for Pennsylvania motorists to know that field sobriety testing has many flaws and is not reliable as proof of intoxication. Field sobriety tests, like the Horizontal Gaze Nystagmus test (HGN test), the one-leg-stand test, and the walk-and-turn test, often depend on the subjective observations of the police officer administering the test. There have been numerous studies that call into question the accuracy of field sobriety testing. In fact, there is evidence that a lot of sober drivers can fail field sobriety tests.

Blood Tests for DUI in Pennsylvania

Pennsylvania drivers offer their implied consent to take blood tests, breath tests, and urine tests when asked to do so by law enforcement. However, there are limits concerning blood testing in PA. A police officer must first establish that they have reasonable suspicion that a motorist is intoxicated. Next, the police officer can ask the motorist to take a blood test only if one of the following conditions is met:

• The motorist refused to take a breath test.
• The motorist passed a breath test, but the police officer still believes that the motorist is intoxicated.
• The motorist was involved in a DUI accident and subsequently taken to the hospital.

If a driver refuses to take a blood test, they can be charged with Refusal to Submit to a Blood Test. A conviction on this charge will lead to the offender’s license being suspended for a minimum of one year. This is in addition to any penalties that result from a conviction for DUI or DUID – and keep in mind that prosecutors can still file DUI charges against you even if you do not take a blood test or a breath test.

Contact an Experienced Erie DUI Attorney Who Can Challenge the Blood Test in Your Drunk Driving Case

The aggressive DUI Lawyers at Purchase, George & Murphey, P.C. can help you fight drunk driving charges by challenging the evidence in your case, including field sobriety test results and blood test results. Fill out the online form to schedule a free consultation about your Pennsylvania DUI case at one of our offices in Erie, Meadville, or North East, PA.