As a Pennsylvania DUI Attorney, I get asked a lot of questions when I meet people socially. I was just at the Harrisburg International Airport where my flight was delayed and I struck up a conversation with another modern day refugee who was now stranded with me as we cycled through what seemed like endless 15 minute delays.
So, the topic got around to roadside testing and the Standardized Field Sobriety Tests (SFSTs). I actually asked him first what he thought of them and how useful he thought they were as a measuring tool. Without any pause, he said they were great in his opinion. “If you cannot walk a line, then you’re drunk”, he said.
Then I started ot ask him some questions about what he thought referring to what I have blogged on before about the SFSTs (“Are those tests at roadside anything more than glorified stupid human tricks?“) and (“Are the Field Sobriety Tests Scientifically Proven?“)
Then I went back to his assertion and when he said “If you cannot walk a line, then you’re drunk”. I asked him if he still thought that. I showed him this Youtube video to drive home my point.
(This video proves that the “failure” of the SFSTs does not mean guilty of a Pennsylvania DUI)
Bottom line: Just because you “fail” the roadside Standardized Field Sobriety Tests in Pennsylvania doesn’t mean you are guilty of a Pennsylvania DUI.
-Justin J. McShane, Esquire, Pennsylvania DUI Attorney