Chester County DUI Sobriety Test Lawyer

When you are suspected of driving after imbibing or drunk driving, the police will commonly perform a series of Field sobriety tests so that the police can use their subjective opinion as evidence in support of your arrest (establishing reasonable grounds for a dui) and the obtaining of blood alcohol testing.

When you have been arrested for suspicion of DUI, it is in your best interest to speak to a Pennsylvania DUI defense lawyer from the Ciccarelli Law Offices.

Types of Field Sobriety Tests

There are three field sobriety tests that are recognized by NHTSA as possibly showing that a motorist is impaired:

• The One Leg Stand: A test that requires you to stand on one leg about six inches off the ground for 30 seconds.
• The Horizontal Gaze Nystagmus (HGN): A test that involves the officer’s opinion of whether your eyes ably follow his finger or other object as it moves.
• Walk and Turn: A test that gauges your steadiness and mobility by requiring your ability to take nine steps placing the heel of one foot at the top of the toe of the other foot, take nine steps, then pivot on your foot and return to where you started.

Other tests are often administered in Pennsylvania including the finger-to-nose test, reciting the alphabet, and a balancing test, but tests are not recognized by NHTSA as indicators of impaired and can be challenged by our dui defense team.

Why Will the Chester County Police Require a Sobriety Test?

A field sobriety test allows police to determine if you may be intoxicated. The use of alcohol or other substances interferes with the way the brain functions. Problems with balance, following directions, understanding language, and seeing properly can all be visibly demonstrated in those who are intoxicated by requiring those individuals to engage in various types of activities. These tests may be required in various situations:

• A police officer saw you swerving while driving.
• There is a smell of alcohol on you or in the vehicle.
• There is an open bottle or can of alcohol in the vehicle.
• Your language makes them believe you are slurring words.
• You admit you were drinking alcohol before or while driving.

In these situations, the police officer may ask you to get out of the car and follow their specific instructions for a field sobriety test. They will monitor what you do, how you act, and your overall behavior to determine if you may be intoxicated.

What Does It Mean if You Fail a Field Sobriety Test in Chester County?

A police officer may request that you complete several tests. If the officer determines, based on what has occurred, that you failed the test, even just one of them, they will use that as probable cause to arrest you and potentially charge you with a DUI. You will likely be taken to the local police station for additional tests or questioning.

Many times, to prove you are intoxicated, you will then be asked to take a breathalyzer test or provide a blood sample. While a field sobriety test can be somewhat based on the opinion of the police officer, the actual blood or breath test is far more accurate and more conclusive evidence of intoxication. As a result, it is critical that you know your rights in these situations before you make the decision to submit to them.

If you refuse to submit a requested sample (breath or blood), the police officer then must seek out a warrant. The warrant would give them the right to obtain the sample. At this point, you do not have the right to refuse the sample.

How Will an Officer Determine if You Are Intoxicated from a Field Sobriety Test?

It may seem like it is the police officer’s judgment call, which can be based on interpretation. For whatever reason, you may believe that the police officer is not being fair to you.

However, under PA law, police officers are looking for specific things during these types of tests. For example, during the horizontal gaze nystagmus test, the officer is trained to understand eye movements. Are you able to follow an object with your eyes while keeping your head in a still position? Note that there is no actual science that proves this directly indicates intoxication, and we can use that as a component of your criminal defense against such charges.

What Legal Defense Strategies Can Help You After a Field Sobriety Test Failure?

When you contact our attorney, our first step will be to learn what occurred and led up to the field sobriety test. When possible, we want to start there, proving there was no reason to stop you in the first place. If that is not possible, we will then work to determine what other legal defense strategies may apply in your situation. Some examples could include the following:

• The test was performed inaccurately. There are very specific steps police officers must use including how they communicate directions to you, where you are, and what is occurring around you. Failing a test, for example, because you turn your head as a car approaches the side of the road, does not justify intoxication, for example.
• Inadequate training. The officer administering the test was not trained properly on how to do so. This could create some doubt about the accuracy of the results. If the officer did not have proper training in how to execute such a test, the results are not authentic.
• Environmental factors played a role in the situation: Where you had the test done also matters. If there is very little light surrounding you, and you are asked to walk on a line you cannot see as a result of that lack of light, that creates a level of questioning of the accuracy of the test.
• There was another explanation for the failed test. In some situations, a failed roadside test can occur for other reasons than intoxication. Some people are very anxious, and stress could cause them to overthink even the most basic of tests. Others may involve health issues. If you have a disease that makes it hard for you to hold your head still, this type of test is not justified.
• Prove that the tests are simply not valid. Many of the tests that are used today are not based on science. If we can use that data to prove that the test was flawed from the start, that could provide you with a better outcome.

In every situation like this, your goal should be, as quickly as possible, to ask to speak to your attorney. This is especially important if you are at the police station facing questions. Our criminal defense attorneys will provide you with hands-on support immediately.

You Can Challenge These Tests

Many times, police officers do not perform these tests properly. There are many instances where the test is not a fair understanding of whether or not you were intoxicated. Even if you had a few drinks, there is merit in challenging a failed sobriety test in many situations. Our criminal defense attorneys in Chester County will provide you with more insight into the specifics of your case, including:

• The type of legal strategies that may help you
• What you should and should not do if asked to take a blood test
• How to navigate the current situation
• How to get your charges reduced or dropped

Do not wait to contact us. The sooner you do, the more support you have throughout this process.

Contact A West Chester Sobriety Tests Lawyer

Look to experienced attorneys, based in West Chester PA and serving Pennsylvania clients facing a dui charge following a stop and dui sobriety tests.

We serve Downingtown, Paoli, Media, Norristown, Harrisburg, Lancaster, Lebanon, Reading and Allentown.  For more information or to schedule an appointment with an experienced Sobriety Tests DUI Attorney at Ciccarelli Law Offices, by contacting us at (610) 692-8700 or toll free at (877) 529-2422.