One of the scariest aspects of a traffic stop is that you never know what to expect from the law enforcement officer. If an officer wants to conduct a field sobriety test, you have the right to refuse—but you need to understand the difference between field sobriety tests and chemical/breath tests. Regardless of whether you choose to participate in these tests, if you are arrested for driving under the influence (DUI), contact an experienced Pennsylvania criminal defense attorney as soon as possible.
The Standardized Field Sobriety Test (SFST) is actually three separate tests that police conduct during a traffic stop to determine if a driver is impaired. The three tests are:
All drivers have the right to refuse any of the tests involved in a SFST. Under Pennsylvania law, an officer cannot force you to perform field sobriety tests. However, the law requires drivers to submit to chemical or blood and breath tests. Failure to participate in a chemical/breath test when requested by an officer can result in serious penalties, each with long-lasting consequences.
Pennsylvania law considers an individual’s ability to operate a motor vehicle a privilege, rather than a right. Just by driving, all drivers accept that privilege and provide the state with implied consent to submit to chemical/breath testing if suspected of DUI. When demanding that a driver submit to alcohol testing, a police officer must inform the driver that failure to submit to the test will result in an automatic one-year suspension of all driving privileges. Drivers with prior suspensions face an 18 month suspension of their licenses. In addition to any suspensions, drivers who refuse alcohol testing may encounter maximum fees of $2,000 to restore their driving privileges.
To recap, Pennsylvania drivers need to know:
A DUI arrest can hurt your family, your career, and your reputation. At the Skinner Law Firm, our founder, Michael J. Skinner, uses his experience as a former prosecutor and his knowledge of Pennsylvania DUI laws to help clients navigate the legal system and eventually move on from their arrests. If you were arrested for DUI, call the Skinner Law Firm at (610) 436-1410, or contact us online, to schedule a free consultation today.
By Michael Skinner |
02 Aug, 2020