Pennsylvania Field Sobriety Tests

Have you been charged with DUI in Pennsylvania? Were you given a field sobriety test by police? If so, immediately contact us. We are nationally recognized instructor on field sobriety testing, which means we know the legal responsibilities of police officers that administer field sobriety tests. One slip up on their part could mean a win for you in court, so make sure we are your DUI defense team!

When DUI laws were first enforced across the country, police needed a way to “prove” their theories that a person has been driving under the influence. To help them, they established field sobriety tests. The problem then (and still today) is that the results of a field sobriety test are quite subjective—they are based on the opinions of the police officer and are not scientific.

This is what led to the creation of the National Highway Transportation Safety Administration’s research on field sobriety testing. After their research, it was decided that only three field sobriety tests could be considered a reliable way of determining if a person was intoxicated. These are the Horizontal Gaze Nystagmus (HGN), the One Leg Stand and the Walk and Turn, which have now been standardized.

While these three tests may be considered standardized, each one has plenty of flaws. For example, the One Leg Stand and Walk and Turn are considered divided attention tests because the officer is studying you to see if you can 1) listen and follow instructions and 2) perform the physical demands of the tests. The problem is that the officer has to follow a set of rules in order for you to be given a fair chance to “pass” the test. For starters, there are some people who cannot take field sobriety tests such as those with physical handicaps (i.e. you have arthritis in your knees). If you are more than 50 pounds overweight, are wearing heels more than two inches high or are over the age of 65, you shouldn’t even be asked to take these types of tests.

Our attorneys are educated in this complicated area of law and knows the weaknesses of the field sobriety tests. You can trust your case with him!