What to can you expect from a Field Sobriety Test in Ohio?
Experienced Ohio OVI lawyer protects your legal rights
- Your driving - Weaving from lane to lane or lane straddling or speeding
- Interactions with police - Were you cooperative? Did you slur your words? Were you able to hand over your license, insurance card and registration without difficulty?
- Physical signs – Were your eyes bloodshot, were your movements slow, lethargic, did you emit an odor of alcoholic beverage?
David C. Sheldon is an experienced DUI and OVI lawyer who understands Ohio laws and procedures and knows that law enforcement officers may not always enforce or follow them correctly. The Law Office of David Craig Sheldon builds a strong case to fight your OVI offenses.
Exploiting mistakes made by police in administering field sobriety tests
If you have failed a field sobriety test and have been arrested, call The Law Office of David Craig Sheldon at 330.723.8788 or contact the firm online to schedule your free initial consultation today. On any DUI or OVI matter, we are available 24 hours a day, 7 days a week.
Ohio field sobriety tests
Police officers use field sobriety tests to establish probable cause or valid suspicion to arrest you for an OVI. You can fail the three following standardized field sobriety tests developed by the National Highway Traffic Safety Administration (NHTSA) for reasons other than your sobriety:
- Horizontal Gaze Nystagmus (HGN test) - Driver follows a moving object with eyes without moving head. The police officer looks for involuntary movement or jerking of the eyes, which can be caused by the officer if the test is not done correctly. The movement may also be caused by environmental factors on the roadside, medications or medical conditions.
- The walk-and-turn - Driver takes nine steps in a straight line with feet aligned from heel to toe. Then the driver is told to turn and repeat. The police officer must give the instructions with demonstrations. If anything is missed, the driver can fail this test. The physical or medical condition of the driver can cause them to fail.
- The one leg stand - Driver keeps arms at sides and stands on one foot with the other foot raised up a few inches. The driver can fail if the officer does not give the directions correctly or if the test is not scored correctly. In addition, the weather, road surface conditions or physical condition of the driver can affect the test results.
- You can refuse testing - Ohio law gives you the right to refuse to submit to any field sobriety testing but there are consequences. It is important to consult with an OVI lawyer from our firm so you can make informed decisions and know your rights.
Tests not administered in substantial compliance with the NHTSA guidelines cannot be used as probable cause to arrest you or as evidence against you at trial. Any deviation can lead to invalid results and Ohio OVI lawyer David C. Sheldon evaluates the officer’s instruction, administration, evaluation and scoring to find any mistakes.