The Police Use Many Techniques to Test
a DUI Suspect For Alcohol & Drug Consumption.
These Tests Typically Include Standard
Roadside Field Sobriety Testing...
...Breath Testing, Urine
Testing and Blood Testing.
I Use a Number of DUI Defense Strategies that Can
Mitigate Evidence Obtained Through These Tests.
These Strategies Can Also Help to Get
Your Case Dismissed or Reduced.
Find Out How Below...
Ohio’s DUI/OVI field sobriety tests (FSTs) are a series of tests that are intended to measure a person’s balance, coordination, cognitive function and ability to follow directions. When an Ohio Police Officer, Highway Patrol Officer, Sheriff’s Deputy or other law enforcement officer stops someone for suspicion of driving under the influence, the suspect will be asked to perform a series of DUI/OVI field sobriety tests. A driver is not required to perform field sobriety tests in Ohio. However, if a suspected DUI/OVI driver chooses to perform the tests, the officer will closely monitor and document the person’s balance, coordination, and ability to follow directions.
If you have an Ohio DUI case, you should consider talking to a top Ohio DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties on these pages only apply to drivers who are convicted of DUI/OVI. An experienced Ohio DUI lawyer may be able to prevent that from happening.
The most commonly used field sobriety tests are known as Standardized Field Sobriety Tests (SFST’s). If a driver chooses to perform the DUI/OVI field sobriety tests, he will first be asked to step outside of their car. The driver will then be asked to complete certain tasks such as touching their finger to their nose, walking a straight line, and following a pen from side to side with their eyes. The DUI/OVI officer will observe the driver as they perform the field sobriety tests and document the driver’s performance on each test. If you were charged with an Ohio DUI and took the field sobriety testing, you should consult with an Ohio DUI/OVI lawyer who understands the weaknesses and vulnerabilities in these tests.
For example, it is important to recognize that some people have difficulty performing Standardized Field Sobriety Tests even when they are sober. This may be for many reasons, including poor instructions, fatigue, lighting, weather conditions, anxiety, coordination, health problems or other reasons particular to the person. The test’s degree of difficulty can also impact a suspected DUI/OVI driver’s ability to perform well on the tests. Experienced Ohio DUI/OVI lawyers can expose these issues to a judge or jury. Pursuant to NHTSA, most law enforcement agencies in Ohio have adopted a set of three Standardized Field Sobriety Tests. They are called Horizontal Gaze Nystagmus (HGN), One Leg Stand, and the Walk and Turn test.
The Horizontal Gaze Nystagmus test, also known as the HGN test, is not a test, but actually an eye examination. The officer will hold a stimulus, such as a pen or finger, about 12 to 15 inches from the suspected DUI/OVI driver’s face. The officer will tell the driver to keep his head still and follow the stimulus with his eyes. The officer will then move the object from side-to-side while watching the DUI/OVI driver’s eyes. If the driver’s eyes fail to smoothly track the stimulus, involuntarily jerk or tremble at the extreme outer edge of vision, and display an onset of nystagmus prior to forty-five (45) degrees, it can be interpreted as a sign that the Ohio driver is impaired by alcohol.
During the one leg test, the suspected Ohio DUI/OVI driver will be asked to stand with his heels together and arms at his side. The officer will then ask the driver to raise one leg six inches off of the ground and to count out loud until told to stop. The officer will watch to see if the person raises their arms, loses balance, sways, or puts his foot down during the test. If they make any error, the officer will mark it as a sign that the suspected DUI/OVI driver is intoxicated.
During the walk and turn test, the officer asks the suspected drunk driver to take nine heel-to-toe steps, stop, turn, and take nine more heel-to-toe steps. While the person performs the test, the officer will look to see if the DUI/OVI driver can follow instructions, maintain balance, touch heel to toe and stay on an invisible line.
No Ohio DUI/OVI/drinking and driving arrest is perfect and the best Ohio DUI/OVI lawyers knows this. Most Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples. These witnesses are human and they make mistakes. Further, most Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Ohio DUI/OVI regulations.
There are over 1 million laws in the United States. I am a top Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.