Many people incorrectly assume that a DUI arrest, particularly one involving field sobriety tests, will automatically lead to a conviction. Police officers are allegedly trained to look for various 'clues' or scoring factors that can theoretically establish whether or not someone is intoxicated. Evidence of an individual's performance on field sobriety tests are generally admissible in Pennsylvania courts, as is evidence that a motorist refused to submit to field testing. Call Today for a Free Legal Case Evaluation. The officer is checking to see if a person's eyes dilate or not and whether their eyes can follow the object steadily. Philadelphia Field Sobriety Test Lawyer. Although we take great pride in our excellent case results, our greatest satisfaction comes from the kind words shared by our clients. It is important for Pennsylvania motorists to know that field sobriety testing has many flaws and is not reliable as proof of intoxication.
Below, you will find the field sobriety tests currently being conducted by properly trained Pennsylvania law enforcement officers. According to Pennsylvania's implied consent law, you must take a blood, breath, or urine test to determine your BAC if a police officer arrests you because the officer suspects you were driving under the influence of alcohol. Criminal Lawyers in PA. - Drug Lawyers in PA. - Pennsylvania Immigration Lawyer. Drunk Driving Tests in PA. To refuse a field sobriety test. If you refuse to take a field sobriety test or chemical test and the police charge you with a DUI, contact our law firm as soon as possible. In Pennsylvania, no one can force you to take a field sobriety test. Poor lighting may also affect a police officer's ability to accurately conduct and evaluate an eye-tracking test (technically known as a horizontal gaze nystagmus or HGN test). Field sobriety tests are highly subjective and their results are often easily disputed. These tests do carry less weight in trial and can be challenged by an experienced DUI lawyer in Reading. If you've failed a FST, our Fort Lauderdale field sobriety test attorneys are available 24/7 to help. But that isn't the case.
If you have been accused of a DUI in Pennsylvania either through a field sobriety test or other means, then your best solution is to procure an experienced Pennsylvania DUI lawyer. These include the Rhomberg balance test, the finger-to-nose test, the hand-pat test, reciting the alphabet, and the finger-tap test. It has also been proven that certain medications can mimic the signs of intoxication that show during the HGN testing. Pennsylvania field sobriety testing attorney jobs. Non-Standardized Field Sobriety Tests in PA. Other tests used in Pennsylvania that are not approved by the NHTSA are the finger-to-nose test, ABC test, counting backwards test and the Romberg balance tests. "We really appreciate Tim taking the time to consult with us. For example, an officer's opinion should be considered suspect if he uses improper scoring criteria, was improperly trained, incorrectly instructed the suspect on how to perform the test or did not use the standardized methodology in performing the tests.
Skilled Attorney Preserving Your Rights. Also, if you are in improper shoes, on uneven ground or do not have a painted line, the chances of success on the test are tainted. Our attorneys regularly represent clients throughout Southeast Pennsylvania, including Montgomery County, Bucks County, Chester County, Delaware County, and Philadelphia County. We will focus our efforts on building a strong case strategy: reviewing the police report, video footage and other evidence with painstaking detail to look for possible mistakes or evidence of misconduct during the arrest and administration of field sobriety tests. Read what others say about us here. The tests include: One- Leg Stand Test. Field Sobriety Tests - Pennsylvania DUI Laws and Your Rights. Additionally, a police officer will make observations apart from field sobriety testing, such as how you respond to questions, how long it takes you to retrieve your license and registration, and more. Free Case Evaluations: 610-566-5956. The One Leg Stand Test (OLS) - This test requires the driver to stand on one foot while raising the other foot about six inches from the ground. Police officers are hypervigilant in their effort to make the roadways safer, and they will use any number of reasons to stop a driver. Unfortunately, with this type of test there are countless exterior factors that can affect the results.
If you refuse roadside testing in a DUI case, because you do not have a right to refuse roadside tests, the commonwealth can introduce your refusal into evidence. The field sobriety test is an important mechanism for the police officer to establish probable cause for the DUI arrest. Until told to put the foot down after 30 seconds. This is the time to call an experienced DUI Lawyer in Southeast Pennsylvania for a free consultation. § 3802 (the PA DUI Law). Reverse alphabet test: Not admissible in Pennsylvania courts; this test asks you to recite the alphabet backward. Just because somebody fails the field sobriety test does not mean the person is guilty. If you have been arrested for DUI in Pennsylvania and submitted to a chemical breath test, there are many factors you should be aware of that may affect your DUI charge, including breath test problems, permissible refusal of a breath test, and penalties for refusing a breath test. Pennsylvania field sobriety testing attorney fees. The same applies to breathalyzer tests and even blood tests in certain circumstances. If you were charged with DUI in PA, call Attorney Saadzoi as soon as possible for free legal consultation.
Field Sobriety Tests in Tampa, FL. The results from these breath test machines can be inaccurate, unreliable, and sometimes ultimately inadmissible in a criminal proceeding. Police in Pennsylvania may use a handheld PBT device for the sole purpose of determining whether there is sufficient cause to request a more reliable chemical test. Making an improper turn. As a result, if you seek the advice of an experience Philadelphia DUI attorney, that attorney is going to know how to seek out the officer's experience and any certified testing that the officer has done over field sobriety tests, and will be able to seek out which tests were given and why and whether or not the results of those tests can be used by the defense to show that a person was actually capable of operating a motor vehicle safely on the roads of Philadelphia. Having an injury, disability or physical condition that affects balance can alter performance as well as type of shoes, surface of the ground and surrounding traffic. In addition to the above license suspension, a refusal to submit to a breath test carries an additional one year (possibly 18 months) driver's license suspension. The Walk and Turn test is simply taking nine steps, pivoting, and returning to where you started. Which should happen in 30 seconds).
The person administering the test must also qualify the person being tested. If the officer notices any sort of jerking eye movement or shaking when the driver is looking at a still object less than 45 degrees off center, the U. S. National Highway Traffic Safety Administration (NHTSA) estimates within an 88 percent accuracy that the person has a BAC higher than the legal 0. There have been numerous studies that call into question the accuracy of field sobriety testing. The current Field Sobriety Test system was developed by the National Highway Safety Administration (NHSTA) several decades ago. For the One-Leg Stand test, DUI suspects must stand on one foot while keeping their other foot approximately six inches above the ground and counting aloud until an officer or examiner instructs them to put their foot back down. Commonwealth v. S. T. Charges Withdrawn.
There are 3 criteria the officer is trained to look for in this test. If you were stopped by the police and field sobriety tests were administered, we want to talk to you about your legal options. Swaying while balancing. Refusal of a blood or breath test in Pennsylvania after an arrest can mean you will still be convicted, and possibly receive a much harsher sentence. After being arrested for DUI, and within two hours of being arrested, you will be asked to take either a blood test or a breathalyzer that will register your blood alcohol content level (BAC). They were concocted as a means and method of potentially and theoretically revealing how intoxicated someone is. We have helped clients beat DUI charges in Erie County and Crawford County, Pennsylvania. Officers look for these things during the One Leg Stand test: - Swaying while balancing.
Attorney Michael J. Skinner is experienced and knowledgeable about Pennsylvania's DUI laws, including the administrator and collection of breath test results. Delaware County field sobriety test lawyer Neil Meyer will carefully weigh the case that the opposition has built against you, analyzing the results of field sobriety testing as well as any other observations used to charge you. In addition to attacking the reliability of the breath test results, the results of your breath test may have come about from violations of your constitutional rights and other statutory protections, including: Women may have additional defenses, such as: If you were arrested for driving under the influence and submitted to a chemical test of your breath in Chester County, contact the Skinner Law Firm today for a consultation about your alleged offense. The PBT is exactly what it sounds like — portable Breathalyzer units carried by officers that are used to obtain a rough estimate of the driver's blood alcohol in the field. Pennsylvania police officers must undergo specialized training in order to safely and accurately perform a variety of roadside sobriety tests established by the NHTSA. When these three SFST tests are combined, officers have been found to be accurate in more than 90 percent of cases involving DUI. Although each test has its positives and negatives, there are certain tests that are more accurate than others, as your Scranton criminal attorney will explain. A field sobriety test can include different tests such as the "follow my finger" test, the one leg stand test, as well as the "walk and turn" test. Failure to comply with any of these regulations can result in the results being suppressed (inadmissible) at trial. The Field Sobriety Tests are conducted by police at the time someone is pulled over and suspected of DUI.