I failed my Field Sobreity Tests (FST). Does that mean I am guilty of DUI?

Unlike many attorneys I go beyond the field sobriety tests to determine whether or not probable cause exists. Simply stated, Field Sobriety Tests are designed to make you fail. The requested tests are inconsistent with our daily activities. I am sure you would agree that no normal person conducts a daily exercise where he/she stands with one leg in the air for 30 seconds without moving from side to side. Likewise, no normal person walks heel to toe for 9 steps before taking a 4 point pivot and walking heel to toe another 9 steps.

Field sobriety tests are not divided attention tests. They are, however, an objective evaluation as to whether or not a person has blood alcohol content above .10 percent. To be valid, the test must be administered in a prescribed standardized manner; the standardized clues must be used to assess the suspect’s performance; and the standardized criteria must be employed to interpret that performance. If any one of the standardized field sobriety test element is changed, the validity is compromised. It has been my experience that most police officers do not administer the field sobriety tests properly. Please note that when the tests are administered properly they are only accurate less than 70% of the time.

I always carry a copy of the training manual utilized to train law enforcement officers. As you may expect, the officers are often surprised to be cross-examined about their own training at trial. Rest assured that I know the tests as well as, if not better, than the officer who administered the test.

Theses common phrases show up in nearly every DUI case:
 Red, bloodshot eyes
 The odor of an alcoholic beverage
 Staggered gait
 Disheveled appearance
 Slurred speech

However, there are a number of reasons, notwithstanding the influence of alcohol that such symptoms do appear. Therefore, I look beyond those common phrases to examine the actual facts of the case.

Thus, I look beyond the tests and determine whether the things we do in normal, everyday life, such as standing and walking normally were indicative of intoxication. Following my discussion with the police officer, I will give you my opinion as to whether the Probable Cause to Arrest issues can successfully be resolved in our favor by filing a Pre-trial motion.

For more information, contact me directly at dean@centralPennDUIDefense.com or go online to http://www.DUI-Case-Evaluation.com

Memorial Day DUI Checkpoints

On Memorial day, law enforcement is out in force to detain individuals for DUI.

At The Morgan Law Firm we are always alert for:

DUI Checkpoints in Adams County
DUI Checkpoints in Cumberland County
DUI Checkpoints in Dauphin County
DUI Checkpoints in Franklin County
DUI Checkpoints in Fulton County
DUI Checkpoints in Lancaster County
DUI Checkpoints in Lebanon County
DUI Checkpoints in York County

If you know of any DUI Checkpoints, email me at dean@CentralPennDUIDefense.com

If you have been stopped by the police and arrested for DUI in Pennsylvania, contact us today

F. Dean Morgan, Esquire
1-888-821-9446

Do I need an Attorney to Apply for the ARD Program?

It depends. If you are eligible for the ARD Program and you know and understand that ARD is the lesser of two evils, but have decided that you are willing to enter the program without a full evaluation of your case, you may be able to get through ARD without lawyer. (I know it seems strange to have a lawyer tell you that… But, I believe in being honest.) If your first contact with an attorney leaves you feeling like ARD is your only goal, without evaluating your case fully, you must evaluate whether or not his/her services are worth your hard-earned money. ARD is not your ONLY option. It is a good program, but not a great program. You should hire a lawyer who will fully and fairly evaluate your case before you make any decision about ARD. Allow us to make a full and fair evaluation of your case before you decide. The evaluation is free at: More information about my firm is available at

An Experienced DUI Defense Attorney in Central PA

Since 1990, I have viewed DUI cases from every possible angle. As a former police officer, prosecutor, and now as a defense attorney, I have reviewed hundreds of DUI cases. I know and understand the procedures and tactics used by law enforcement officers. I understand the weaknesses of the field sobriety tests, the blood & breath tests, and report writing skills of law enforcement and, more importantly, how to use those weaknesses to the advantage of my client. This experience gives me an advantage over other DUI Defense Attorneys in Central Pennsylvania.