Should I refuse to submit to the field sobriety tests?

You are not legally required to perform field sobriety tests in Pennsylvania — but whether you should refuse is a more nuanced question that depends on your specific circumstances and the potential consequences of your decision either way.

Field Sobriety Tests Are Voluntary in Pennsylvania

Unlike chemical breath or blood testing, field sobriety tests (FSTs) are not compelled by Pennsylvania’s implied consent law. The implied consent statute — 75 Pa. C.S. § 1547 — governs chemical testing only. You can politely decline to perform the walk-and-turn, one-leg stand, horizontal gaze nystagmus test, or any other roadside coordination exercise without triggering the mandatory license suspension and sentencing enhancement that apply to chemical test refusal.

Arguments for Declining FSTs

There are legitimate reasons to decline field sobriety tests:

• The tests are unreliable: Even sober individuals often perform poorly on FSTs due to nervousness, physical conditions unrelated to alcohol (inner ear disorders, leg injuries, neurological conditions), road conditions, footwear, and the stress of a police encounter. Poor performance on FSTs does not reliably indicate impairment.
• Results are subjective: The officer who administers the test also grades the test. Their scoring is not recorded and is subject to interpretation. Declining removes this subjective evidence from the prosecution’s case.
• Test performance becomes evidence: Every stumble, hesitation, or instructional error during an FST will be documented in the officer’s report and potentially presented to a jury as evidence of impairment.

Arguments Against Declining FSTs

There are also reasons why declining may not always be advisable:

• Refusal can appear suspicious: Officers and juries may interpret a refusal as consciousness of guilt, even though it is a legally protected choice. This inference cannot be used in some contexts but can color the overall narrative of the encounter.
• The officer may arrest anyway: If the officer already has sufficient probable cause based on driving behavior, the odor of alcohol, or other observations, declining FSTs will not prevent an arrest — it just removes one category of evidence from the case.
• Some people perform well: A sober person who performs well on FSTs may actually help their case. If you are confident you are unimpaired, declining may not be strategically necessary.

Chemical Tests Are a Completely Different Analysis

The decision regarding chemical testing — breath, blood, or urine — carries fundamentally different and more severe consequences than the FST decision. Refusing chemical testing in Pennsylvania is treated as a Highest BAC offense for sentencing purposes and triggers a mandatory license suspension. This decision requires separate and careful consideration. The general advisability of declining FSTs does not translate to advisability of refusing chemical testing.

The Portable Breath Test

The handheld portable breath test (PBT) administered roadside before arrest is considered a field sobriety test in Pennsylvania — it is voluntary, and declining it does not trigger implied consent consequences. However, the evidential breathalyzer administered at the police station or in a mobile testing unit is subject to the implied consent law and cannot be refused without penalty.

Practical Guidance

Whatever decisions you make during a DUI stop, remain calm and polite. Provide your license, registration, and proof of insurance. If you choose to decline FSTs, do so respectfully: “I respectfully decline to perform field sobriety tests.” Do not explain further. Invoke your right to an attorney clearly and promptly after arrest.