Based on impressions gleaned from TV, many people may have an idea how a DUI traffic stop typically proceeds. If Pennsylvania police officer suspects a driver is under the influence of alcohol, he or she will usually ask the suspect to undergo field sobriety tests, in addition to a Breathalyzer test.

Typical field sobriety tests in Philadelphia may include things like asking the suspect to stand on one leg without tipping over. Although these DUI field tests can be administered haphazardly, the legalities of a DUI arrest my become a little more interesting if the officer does not or is unable to perform tests in the field.

That may be what happened for one Philadelphia man who was recently involved in a DUI stop. The incident in question took place late this summer, when the man was arrested after allegedly responding inappropriately to a one-vehicle accident. Reports imply that the vehicle had been driven by the man, who was angry about crashing into a telephone pole.

After responding to the crash, the police officer claims he smelled alcohol on the man’s breath and had reasonable suspicion to conduct field tests. This man was also visibly frustrated and needed medical, so a field sobriety test was not administered. It does not appear that a Breathalyzer test was conducted either.

However, a blood sample was taken at the hospital, and the test results reportedly have come back showing a blood alcohol content of .199. Because of this, the man has now been charged with DUI.

In any case, police must establish adequate probably cause to order a blood-alcohol test. If it is found that this burden was not met by the arresting officer, then it may be possible to challenge the evidence submitted by law enforcement.

Drunk driving charges — of any level — can have long-lasting impacts on the life of accused individuals. License suspension can affect a person’s ability to make it to work and a DUI on a person’s record could limit their career options. Time will tell how this man’s case will turn out, but if anyone in Philadelphia finds themselves charged with DUI without these standard tests having been completed, they could benefit from a full understanding of their legal rights.

Source: Lower Gwynedd-Ambler-Whitpain Patch, “A Philadelphia Man Charged for DUI in Lower Gwynedd,” Oct. 15, 2012