If you are stopped for suspicion of a DUI but do not submit to a blood or breath test, the state can nonetheless use circumstantial evidence to charge you with DUI. Typically, in absence of chemical testing, the most detrimental evidence against a DUI suspect is the results of a field sobriety test, which is usually relayed to the court and jury through the testimony of the officer that conducted the test. It is not necessary for the officer testifying regarding the results of the test to be certified as an expert or have actually administered the test, however.
This was recently illustrated in a case in which the Superior Court of Pennsylvania upheld a defendant’s DUI conviction, despite the fact that the officer who testified at trial regarding the results of the field sobriety test was not an expert and had merely observed the test from afar. If you are currently facing Pennsylvania DUI charges, it is prudent to speak with an experienced attorney to discuss what evidence the state may use against you and possible defenses to your charges.
The Defendant’s Accident and Subsequent Charges
Allegedly, the defendant drove through an intersection and struck another car, tearing off the front bumper. A police officer responded to the accident and noticed that the defendant’s speech was slurred and her eyes were red and glossy. The defendant admitted she had been driving and stated she took a muscle relaxant. The officer called for the acting sergeant to administer field sobriety tests. During the test, the defendant was unable to count her steps or maintain her balance, and could not properly blow into the breath test machine. She was then transported to a hospital where she refused to undergo a blood draw. She was subsequently charged with DUI general impairment. During the trial, the officer who originally responded to the accident testified as to the results of the field sobriety test. The defendant was convicted of DUI general impairment, after which she appealed.