Do I Have to Complete a Field Sobriety Test in PA?

Written by Timothy Czekaj

Field sobriety tests (FSTs) are given by law enforcement officers when they suspect a driver is under the influence of either drugs, alcohol, or anything else that can cause impairment. These tests can be inaccurate, and if you fail, you could be arrested for a DUI. You may not even consider complying with the officer’s request to complete a test, especially if you’re worried they’ll accuse of you impaired driving and charge you. There can be legal consequences for both complying with an officer’s request to complete a sobriety test in the field, but what happens when you don’t take the test?

Being convicted for a DUI can have lifelong consequences. Finding a DUI defense lawyer to guide you through your defense and help you build a claim is critical. You have the right to defend against DUI accusations, especially if you chose not to take a field sobriety test. Contact Attorney Tim Czekaj to tell him your story and start your defense. Call 717-275-9770.

What are Field Sobriety Tests?

Field sobriety tests are roadside assessments designed to help an officer decide whether there is probable cause for a DUI arrest. Probable cause means specific facts that would lead a reasonable person to believe a crime was committed. Officers are trained to give instructions, watch your movements, and note “clues” that suggest impairment. These are observational tools, not medical exams.

Two key points about FSTs in Pennsylvania:

• They are voluntary. You are not legally required to perform field sobriety tests. The officer may ask, and may sound persuasive, but you can politely decline.
• They are screening tools for the roadside decision. Results are primarily used to justify an arrest or a request for formal chemical testing afterward. They are not the same as a breath or blood test collected after arrest.

What Kinds of FSTs are There?

Pennsylvania officers commonly use three standardized tests developed for DUI screening. Each looks for balance, coordination, and the ability to follow instructions. Briefly:

Horizontal Gaze Nystagmus Test

The officer asks you to keep your head still and track a pen or light with your eyes. They look for nystagmus, which is an involuntary jerking of the eyes. Many non-alcohol factors can influence eye movement, including fatigue, medications, or medical conditions. Courts in Pennsylvania generally do not allow HGN results to prove intoxication at trial without expert support, so its main use is to support probable cause for arrest.

Walk and Turn Test

You are told to place one foot in front of the other on a line, take nine heel-to-toe steps, pivot, and take nine steps back while keeping your arms at your sides and following exact instructions. Officers score “clues” like stepping off the line or using arms for balance. Uneven pavement, poor footwear, back or knee issues, and anxiety can all affect performance even when sober.

One Leg Stand Test

You lift one foot about six inches off the ground and count while keeping your balance. Officers watch for swaying, hopping, or putting your foot down early. Again, age, injuries, vertigo, and surface conditions can influence this test.

Officers may also try non-standard tasks like reciting the alphabet, finger-to-nose, or counting exercises. These are not standardized and can be even less reliable.

What Happens if I Refuse a Field Sobriety Test?

In Pennsylvania, refusing field sobriety tests does not carry an automatic license suspension by itself. You can say something like, “Officer, I respectfully decline any field tests,” and provide your license and insurance as required. The officer may still arrest you if they believe they have probable cause based on driving behavior, odor of alcohol or marijuana, speech, eyes, or other observations. Your refusal can be noted by the officer and may be mentioned later, but refusing FSTs is not a separate crime and is not a civil license suspension on its own.

FSTs are different from chemical tests. Field tests happen before or around the time of arrest and are optional. Chemical tests, such as an evidentiary breath test at a station or a blood draw at a hospital, come after a lawful arrest and fall under Pennsylvania’s implied consent law.

The roadside FSTs themselves typically are not allowed in court as scientific proof you were intoxicated, especially the HGN test. They do, however, inform the officer’s decision to arrest and can be described to establish probable cause.

Pennsylvania’s implied consent law means that once you are lawfully arrested for DUI, you are deemed to have consented to a breath or blood test for alcohol or controlled substances. Declining the post-arrest chemical test results in a civil license suspension from PennDOT, often for 12 to 18 months depending on your record, and can enhance penalties if you are later convicted of DUI. The roadside preliminary breath test is different. A handheld roadside device is a screening tool and its results are generally not admissible at trial to prove your blood alcohol level. You may decline a roadside handheld test without triggering the implied consent suspension. The post-arrest evidentiary test is the one that matters most for license consequences.

You may refuse roadside FSTs and the handheld breath test without an automatic license suspension. After arrest, if you refuse an official breath or blood test, PennDOT can suspend your license independently of the criminal case and your DUI exposure can increase. If you were arrested after refusing FSTs or you refused the chemical test, speak with a lawyer immediately to protect both your criminal case and your driving privileges.

Can I Defend Against My DUI Charges

Yes. A DUI charge is not a conviction. Many defenses are available, including when you declined FSTs. Common defense strategies include:

Lack of Reasonable Suspicion for the Stop

Police must have at least reasonable suspicion to initiate the traffic stop. If the reason for the stop was not valid, everything that followed can be challenged. For example, weaving within your lane once or twice or a vague hunch is usually not enough.

No Probable Cause to Arrest

Even if the stop was valid, the officer still must develop probable cause before arresting you for DUI. If you declined FSTs and the remaining observations are weak or inconsistent, your attorney can move to suppress the arrest and exclude evidence that came after.

Challenging the Preliminary Breath Test or Observations

If a handheld roadside device was used, its result is not proof of your blood alcohol level. Your lawyer can seek to exclude references to it or limit its use to the probable cause question. Observations like bloodshot eyes, “odor of alcohol,” or slurred speech can come from innocent causes such as fatigue, allergies, or medical conditions.

Questioning the Chemical Test

For station breath tests, maintenance, calibration, and operator certification must be documented. For blood tests, collection, chain of custody, storage, and laboratory protocols must be followed. Contamination, fermentation, delays, or instrument errors can skew results. If you refused chemical testing, the Commonwealth may rely more heavily on driving behavior and officer observations, which can be countered.

Medical and Physical Limitations

Balance problems, neurological conditions, orthopedic injuries, or anxiety can explain performance issues and observations. Your lawyer can present medical records or expert testimony to give an alternative explanation for what the officer saw.

Video Evidence

Dashcam or bodycam footage often tells a different story than the police report. If the video contradicts the claimed “clues,” that can undermine probable cause and credibility. If you asked to perform tests in a well-lit, flat area and were denied, that may also matter.

Procedural Errors and Rights Violations

Statements made without proper Miranda warnings during custodial interrogation can be suppressed. Improper warnings about chemical testing can affect whether a refusal counts. Failure to provide discovery, late filings, or other procedural missteps can be leveraged in your defense.

ARD and Negotiated Outcomes

First-time, non-injury cases may be eligible for Pennsylvania’s Accelerated Rehabilitative Disposition program. Successful completion results in dismissal of charges and can lead to expungement of the case record. Even without ARD, strategic negotiations can reduce charges or penalties, especially where the evidence is weak or contested.

FAQs about DUI Charges and Defense in PA

Can my refusal to do FSTs be used against me?

The officer can note that you declined, and a prosecutor may try to argue it shows concern about failing. Your lawyer will explain other reasons for refusing, including inaccuracy, medical issues, and poor roadside conditions.

What is the difference between the handheld breath test and the official breath or blood test?

The handheld roadside breath test is a screening tool and its result is generally not admissible at trial to prove your BAC. The official breath or blood test is collected after arrest under implied consent rules and carries license consequences if refused.

What happens if I refuse the post-arrest chemical test?

Refusing the breathalyzer or chemical test can have serious consequences. PennDOT can impose a civil suspension of your driver’s license, often for 12 to 18 months, and your exposure in the criminal case can increase if you are convicted. Get legal help quickly to pursue any available challenges.

Can I still win my case if there is no breath or blood result?

Yes. Without a chemical test, the prosecution relies on observations and driving behavior, which are often subjective and open to challenge. Video, witnesses, and medical explanations can be powerful.

Will I go to jail for a first DUI in Pennsylvania?

It depends on your blood alcohol level, whether there was a refusal, prior record, and case specifics. Many first-time cases resolve without jail through ARD or negotiated outcomes. Every case is fact-specific.

What if I have a medical condition that affects balance or speech?

Tell your attorney and, if safe, inform the officer politely during the stop. Documentation from your doctor can help explain observations and test performance.

Do I have to talk to the police after I am stopped?

You must provide your license, registration, and insurance. You do not have to answer incriminating questions. You can say, “I want to remain silent and I would like to speak with an attorney.”

Why should I hire a PA DUI defense lawyer?

Pennsylvania DUI law involves technical rules for stops, arrests, testing, license suspensions, and court procedure. A DUI attorney can identify weaknesses in the case, file motions to suppress improper evidence, negotiate outcomes like ARD when appropriate, and guide you through each step to protect your record and your license so you do not have to pay the true cost of a DUI.

Contact a Perry County DUI Defense Attorney

If you were stopped in Perry County, Juniata County, or anywhere in Central Pennsylvania and asked to perform field sobriety tests, you have options. Whether you declined the tests, took them and were arrested, or refused a chemical test after arrest, the sooner you involve a lawyer, the more opportunities you have to protect your driving privileges and fight the charges.

Czekaj Law, LLC has helped many clients challenge DUI stops, arrest decisions, and test results. Let us review the stop, the officer’s observations, any video, and the handling of any breath or blood testing. We will explain your options clearly and pursue the best path for your situation.

Call 717-275-9770 for a confidential consultation. You do not have to face a DUI alone.