People pulled over by police officers on suspicion of drunk driving often worried about both embarrassment and the possibility of an arrest. Particularly when traffic stops occur at busy locations, drivers may worry that someone they know might pass by during the traffic stop.
Police officers frequently ask motorists to exit their vehicles when they suspect chemical intoxication. They may ask the drivers to perform a series of field sobriety tests. Those tests involved performing simple physical tasks so that the officer can gauge someone’s level of intoxication. Many people find it quite embarrassing to perform the walk-and-turn test or one-leg stand test in a highly-visible public location. Others may worry that their medical challenges could compromise their performance on those tests.
Can Pennsylvania drivers refuse to perform field sobriety tests during a traffic stop without worsening their situation?
Field sobriety tests are optional
Police officers often ask people to submit to testing or searches that the officers cannot legally compel them to undergo. Some people worry that declining a field sobriety test might lead to their arrest or might worsen the penalties they face.
That belief likely comes from a misunderstanding of the law. Pennsylvania does have an implied consent law. The statute requires that those under arrest for an impaired driving offense submit to chemical testing. Prior to an arrest, they have the right to refuse chemical testing without any consequences. They can also decline field sobriety testing without any penalties.
While police officers might become more antagonistic toward someone who does not readily agree to perform field sobriety tests, they don’t necessarily have the right to arrest someone, nor does the refusal to perform those tests put someone at risk of increased consequences. Given that there are numerous alternate explanations for poor performance on field sobriety tests, many motorists might benefit from declining requests during a traffic stop.
Those already facing impaired driving charges can sometimes challenge the results of field sobriety tests, especially if officers didn’t follow the right protocol. Learning more about Pennsylvania’s drunk driving rules can help people more effectively handle interactions with law enforcement. Drivers who know and assert their rights can avoid mistakes that might strengthen their position.