Field Sobriety Testing: DO YOU KNOW THE PROCESS?
Would you know what will occur if pulled over for suspicion of driving while under the influence of alcohol?
Police are trained to detect signs of alcohol intoxication, using everything from the smell of alcohol on your breath to the sound of your voice to the look of your eyes. Police use involuntary cues to determine whether you’re intoxicated, so no matter how much you “practice”, you probably can’t conceal the fact that you’ve had a few too many.
If you are pulled over and the police believe that you have been drinking any alcohol at all, you will likely be asked to perform Field Sobriety Tests (FSTs). These are preliminary, roadside tests of coordination, balance and cognition that are used to determine whether a blood or breathalyzer test is necessary. FSTs include one-leg balance stand, heel-to-toe walk and turn, horizontal gaze examination (follow the pen with your eyes, not your head), counting and the alphabet.
Depending on your performance on the FSTs, the police may either let you return to your vehicle or take you for blood or breath testing.
Why you should rethink refusing the blood or breathe test….
Although the police will ask you to consent to the chemical tests, the law says that by accepting your driver’s license, you already “implied” your consent to blood and breath testing upon the request of law enforcement. Therefore, if you now refuse, PennDOT will automatically suspend your license for at least one year, regardless of the ultimate outcome of the DUI charge. In addition, your “refusal” makes you subject to the highest penalties of the DUI tier laws – the same as if you had drugs in your system or a BAC of .16% or higher.
Know how to handle such a traffic stop or contact us to discuss what may have happened if you have recently been stopped and questioned.
Posted on December 21, 2013, in Uncategorized and tagged Criminal Defense, DUI, field sobritey test, geo:lat=40.2290075, Montgomery County Criminal Lawyer. Bookmark the permalink. Comments Off on Field Sobriety Testing: DO YOU KNOW THE PROCESS?.