Do I have to submit to field sobriety tests, like the one-leg stand, walk and turn, etc.?
No — you are not legally required to perform field sobriety tests in Pennsylvania. Field sobriety tests are voluntary, and you may politely decline to participate in them without violating the law. However, the decision whether to decline involves strategic considerations that are important to understand before you find yourself in that situation.
What Field Sobriety Tests Are
Field sobriety tests (FSTs) are standardized physical and cognitive coordination exercises administered roadside by law enforcement officers during a suspected DUI stop. The three tests approved by the National Highway Traffic Safety Administration (NHTSA) — the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn, and the One-Leg Stand — are designed to assess divided attention and motor coordination that alcohol impairs. Officers also use non-standardized tests such as the alphabet recitation, finger count, or Romberg balance test, which have no NHTSA validation.
Your Right to Decline
Unlike chemical testing under Pennsylvania’s implied consent law, field sobriety tests are not compelled by statute. You can decline to perform them without the mandatory license suspension and enhanced sentencing consequences that attach to chemical test refusal. A polite, clear refusal — “I respectfully decline to perform field sobriety tests” — is legally sufficient.
What Happens If You Decline
Declining FSTs does not prevent an officer from arresting you for DUI if they have independent probable cause to believe you are impaired. The officer’s observations — the odor of alcohol, slurred speech, bloodshot eyes, erratic driving — may be sufficient to support an arrest regardless of whether you performed any sobriety tests. Your refusal to perform the tests can be noted in the police report and potentially mentioned to a jury at trial as circumstantial evidence, though the defense can argue that the refusal reflects knowledge of your rights rather than consciousness of guilt.
Chemical Tests Are Different: You Cannot Decline Without Consequences
It is critical to understand that field sobriety tests and chemical tests are governed by entirely different rules. Pennsylvania’s implied consent law (75 Pa. C.S. § 1547) requires drivers to submit to breath, blood, or urine testing when lawfully requested by an officer with reasonable grounds to believe the driver operated a vehicle while impaired. Refusal to submit to chemical testing carries mandatory consequences:
- 12-month license suspension for a first refusal
- 18-month suspension for subsequent refusals
- For DUI sentencing purposes, refusal is treated as if your BAC was in the highest tier (0.16% or above), with the associated mandatory minimums
Portable Breath Tests vs. Evidential Breath Tests
Officers often administer a portable breath test (PBT) — a small handheld device — roadside before making an arrest decision. PBT results in Pennsylvania are not admissible as evidence of your specific BAC at trial, though they may be used to establish probable cause for arrest. The PBT is a field sobriety test for purposes of voluntariness — you may decline it without implied consent consequences. The evidential breath test administered at the police station or breathalyzer unit is subject to implied consent and cannot be refused without the statutory penalties described above.
Practical Guidance
If you are stopped on suspicion of DUI in Erie County or anywhere in Pennsylvania, you are required to provide your license, registration, and proof of insurance. Beyond that, you have the right to remain silent and decline to answer questions about your alcohol consumption or activities. You may decline field sobriety tests. You should carefully consider the consequences before refusing a lawfully requested chemical test. Regardless of the circumstances, invoking your right to an attorney as early as possible and making no further statements is sound practice.
