Do I have to do field sobriety tests for a DUI stop in Pennsylvania?

The answer is NO.  A Pennsylvania driver is NOT required to complete field sobriety tests, and there is NO punishment for refusing testing. The police are permitted to try and convince drivers to take the tests, including telling a driver that “if you pass, I will let you go,” or “if you are not drunk, prove it by taking the tests.”  In order to arrest a person suspected of driving drunk, the officer must have probable cause.  If a driver fails field sobriety testing, the officer is more likely to have probable cause to arrest and then require the person to submit to alcohol testing.

Implied Consent Laws

Many states, including Pennsylvania, have Implied Consent Laws that generally require a driver to submit to a blood or breath test to determine alcohol levels IF an officer has probable cause to suspect a person was driving under the influence.  A refusal to submit to such tests can result in a suspension of Pennsylvania driving privileges, but field sobriety tests do NOT fall under Implied Consent Laws.  A person’s driving priviles are not suspended for denying a request to perform field sobriety tests.  In Pennsylvania, when a person is required to submit to blood or breath testing to determine the alcohol concentration, the law requires that the police inform the driver that the testing is mandatory and that failure to submit to the testing will result in a license suspension.

DUI Charges in Refusal Cases

The police can still file DUI charges if a person refuses the blood alcohol testing.  An officer can rely on other evidence to find that there is sufficient probable cause to arrest and file DUI charges.  For example, if the officer observed erratic driving, such a swerving in the roadway or hitting a curb, the poor driving supports an arrest.  Or, if the driver appeared to be drunk, such as swaying while standing and slurred speech, the officer may have sufficient probable cause to arrest.

Anyone charged with a DUI offense should contact an experienced DUI attorney for a case review.  The attorneys at JD Law have represented hundreds of people charged with driving under the influence.  Contact them today at (814) 689-9139 or via email for a free consultation.