Do I have the constitutional right to speak to a lawyer before I agree to take a field sobriety test?

In Pennsylvania, you are not required to perform field sobriety tests. Still, whether you have the right to consult with a lawyer before deciding if you will submit to field sobriety test is a commonly asked question. The answer is No. In Pennsylvania, your right to a lawyer or to advice of counsel does not “attach” – come into being – until you are formally arrested or placed in “custody.” This happens when, under all of the circumstances, a reasonable person would not feel free to drive away. The facts of the case determine this. (This is why a good question for you to ask the officer is: “Am I under arrest?”) Still, if at any time during the officer’s stop, you believe that you need a lawyer, it is always good policy to ask for one. Please remember to be polite and courteous at all times. You must refrain from any rude, disrespectful, or “know it all” behavior.