Field Sobriety Tests in Pennsylvania: Why You Have the Right to Refuse

You see the blue lights in your rearview mirror and pull over. The officer approaches, asks a few questions, and then requests that you step out of the vehicle to perform field sobriety tests. Your heart races as you wonder: Do I have to do this?

Many Pennsylvania drivers don't realize that field sobriety tests are voluntary. Unlike chemical tests (breath or blood), which carry automatic penalties if refused, you have the legal right to decline field sobriety tests—and in many cases, refusing is the smartest choice you can make.

Understanding Field Sobriety Tests

Field sobriety tests are physical and cognitive exercises that police officers use to evaluate whether a driver is impaired. These tests are typically administered roadside before an arrest, and officers use the results to establish probable cause for a DUI arrest.

The National Highway Traffic Safety Administration (NHTSA) recognizes three standardized field sobriety tests:

Horizontal Gaze Nystagmus (HGN): The officer holds a pen or small object and asks you to follow it with your eyes while keeping your head still. The officer looks for involuntary jerking of the eyes, which can indicate intoxication. However, this jerking can also be caused by fatigue, certain medications, neurological conditions, or even the officer's improper administration of the test.

Walk-and-Turn Test: You're instructed to walk heel-to-toe in a straight line for nine steps, turn around, and walk back the same way. The officer watches for signs of imbalance, stepping off the line, using arms for balance, stopping during the test, or taking the wrong number of steps. This test requires balance, coordination, and the ability to follow multi-step instructions—skills that many sober people struggle with under normal circumstances, let alone while standing on the side of a road at night with traffic passing by.

One-Leg Stand Test: You must stand on one foot with the other foot approximately six inches off the ground while counting aloud for 30 seconds. The officer looks for swaying, using arms for balance, hopping, or putting the foot down. Like the walk-and-turn test, this requires physical abilities that have nothing to do with alcohol consumption and that many perfectly sober individuals cannot perform.

In addition to these standardized tests, officers may also request non-standardized tests such as reciting the alphabet, counting backwards, touching your finger to your nose, or the Romberg test (standing still with your head tilted back and eyes closed).

The Problem With Field Sobriety Tests: They're Designed for Failure

While field sobriety tests may seem objective, the reality is far different. These tests are notoriously unreliable, and numerous factors can cause sober individuals to fail them.

Accuracy Rates Are Surprisingly Low: According to NHTSA's own research, the horizontal gaze nystagmus test is only 77% accurate, and the walk-and-turn test is only 68% accurate. When used together, officers achieve an 80% accuracy rate—meaning 20% of the time, these tests incorrectly identify sober drivers as impaired. Would you accept a medical test with a 20% error rate? Your freedom shouldn't depend on a test that fails one out of every five times.

Physical Limitations Affect Results: Many people have physical conditions that make field sobriety tests impossible to pass regardless of sobriety. If you're overweight, have back problems, knee injuries, inner ear disorders, vertigo, arthritis, or simply poor balance, these tests will likely show "impairment" even when you're completely sober. Age is also a factor—asking a 60-year-old to stand on one leg for 30 seconds on the side of a dark road is unrealistic and unfair.

Nervous People Fail Sober: The stress and anxiety of being pulled over causes even sober drivers to shake, forget instructions, or lose their balance. Police encounters are inherently intimidating, and your nervousness can easily be misinterpreted as signs of intoxication.

Testing Conditions Are Far From Ideal: These tests are administered on the side of the road, often on uneven pavement, gravel, or grass. Poor lighting, bad weather, traffic noise, and passing vehicles all create distractions that affect performance. Officers are trained to conduct these tests under controlled conditions, but real-world conditions are never controlled.

Officer Subjectivity Plays a Huge Role: Unlike a breathalyzer that provides a numerical result, field sobriety tests rely entirely on the officer's subjective judgment. The officer decides whether you swayed too much, used your arms too much, or followed instructions incorrectly. This subjectivity leaves enormous room for bias, misinterpretation, and error.

You're Being Observed Before Testing Even Begins: What many drivers don't realize is that officers begin evaluating you for "impairment" the moment they approach your vehicle. How you retrieve your license, how you speak, your eye movement, and even how you exit your vehicle are all being assessed and documented. By the time field sobriety tests are requested, the officer has often already decided you're impaired and is simply gathering additional evidence.

Your Right to Refuse Field Sobriety Tests in Pennsylvania

Here's what Pennsylvania drivers need to know: Field sobriety tests are completely voluntary. You are not legally required to perform them, and refusing cannot be used as evidence of guilt in court.

This is fundamentally different from chemical testing. Pennsylvania's implied consent law requires drivers to submit to breath or blood testing after arrest. Refusing a breathalyzer or blood test results in automatic license suspension—12 months for a first refusal and 18 months for subsequent refusals.

However, implied consent does not apply to field sobriety tests. These tests are administered before arrest, and you have every legal right to politely decline.

What Happens If You Refuse?

If you refuse field sobriety tests, the officer cannot penalize you for that refusal. No automatic license suspension. No additional fines. No enhanced charges.

The officer may still arrest you for DUI if they believe they have probable cause based on other observations—such as the smell of alcohol, your speech, bloodshot eyes, or your driving behavior. However, without field sobriety test results, the prosecution has less evidence to use against you in court.

Many DUI cases hinge on field sobriety test results. Officers testify in court about how you "failed" the tests, painting a picture of impairment. Prosecutors use these results to convince juries of guilt. Without field sobriety tests, the prosecution's case becomes significantly weaker.

How to Refuse Field Sobriety Tests Respectfully

If an officer requests that you perform field sobriety tests, you should decline politely and respectfully. Hostile or confrontational behavior can escalate the situation and may be used against you later.

A simple, respectful response is appropriate:

"Officer, I respectfully decline to perform any field sobriety tests."

You don't need to explain your refusal or justify your decision. Simply state that you're exercising your right to refuse.

The officer may try to persuade you, suggesting that refusing will make things worse or that cooperation will help you. Don't be swayed. Remember: These tests are designed to gather evidence against you, not to help you. There is no scenario where performing poorly on field sobriety tests works in your favor.

When Should You Consider Refusing?

Refusing field sobriety tests is often the right choice, but the decision depends on your specific situation.

You should strongly consider refusing if:

- You have any physical limitations or medical conditions that affect balance or coordination

- You're nervous or anxious (which describes most people during traffic stops)

- Testing conditions are poor (bad weather, uneven surface, heavy traffic, poor lighting)

- You've consumed any amount of alcohol, even if you're under the legal limit

- You're taking medications that could affect your performance

- You're over the age of 50 or have any mobility issues

Essentially, if there's any chance you might not perform perfectly on these tests—and most people can't—refusing is usually the safer option.

What About Chemical Tests?

It's crucial to understand the distinction between field sobriety tests and chemical tests.

Field sobriety tests are voluntary and administered before arrest. You can refuse without penalty.

Chemical tests (breath or blood) are subject to implied consent and are typically administered after arrest. Refusing these tests triggers automatic license suspension.

If you're arrested for DUI, you will face serious consequences for refusing a breathalyzer or blood test. This is a separate decision from field sobriety tests and should be discussed with an attorney.

Protecting Your Rights During a DUI Stop

Beyond field sobriety tests, you have other important rights during a DUI stop.

You have the right to remain silent. Beyond providing your license, registration, and proof of insurance, you don't have to answer questions. If the officer asks where you're coming from, where you're going, or whether you've been drinking, you can politely decline to answer.

You have the right to refuse vehicle searches. If the officer asks to search your car, you can refuse unless they have probable cause or a warrant.

You have the right to request an attorney. If you're arrested, immediately ask to speak with a lawyer before answering any questions.

Exercising these rights protects you and preserves your ability to defend yourself if charged with DUI.

Challenging Field Sobriety Test Results

If you performed field sobriety tests and were arrested for DUI, all is not lost. An experienced DUI attorney can challenge the validity of these tests in multiple ways.

Common defense strategies include:

- Arguing that the officer failed to properly administer the tests according to NHTSA standards

- Demonstrating that physical or medical conditions affected your performance

- Showing that environmental factors (weather, road conditions, lighting) compromised the tests

- Questioning the officer's training and qualifications

- Highlighting the inherently subjective nature of the officer's observations

- Pointing out inconsistencies in the officer's testimony or report

A skilled attorney knows what to look for and how to attack the reliability of field sobriety test evidence.

The Bottom Line: Protect Yourself

Field sobriety tests are voluntary in Pennsylvania, and you have every right to refuse them. These tests are unreliable, subjective, and designed to build a case against you—not to help you prove your innocence.

If you're stopped for suspected DUI, remember:

- Be respectful and polite with the officer

- Provide your license, registration, and insurance

- Politely refuse field sobriety tests

- Exercise your right to remain silent

- Request an attorney if arrested

If you've been arrested for DUI—whether you performed field sobriety tests or not—contact Sean Quinlan Legal Services immediately. We'll review every aspect of your stop, challenge questionable evidence, and fight to protect your rights, your license, and your future. Your freedom is too important to leave to chance. Call us today for a confidential consultation.