If you’ve been pulled over for suspected drunk driving in Ohio, there’s a good chance the officer asked you to perform a field sobriety test. These roadside tests are meant to measure coordination, balance, and memory. The results are then used to decide whether you’ll be arrested and charged with OVI (Operating a Vehicle Impaired).
The problem is that field sobriety tests are not always accurate. Things like weather conditions, nervousness, medical conditions, and the officer’s instructions can affect your performance. If you’ve been arrested after “failing” one of these tests, you may be able to challenge the results in court.
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How Field Sobriety Tests Work
Ohio officers typically rely on three standardized field sobriety tests recognized by the National Highway Traffic Safety Administration (NHTSA):
- Horizontal Gaze Nystagmus (HGN): You’re asked to follow a moving object, such as a pen or flashlight, with your eyes. Officers watch for involuntary jerking, which can suggest intoxication.
- Walk-and-Turn Test: You must take nine heel-to-toe steps in a straight line, turn, and return the same way. Balance and ability to follow instructions are key.
- One-Leg Stand Test: You’re told to stand on one leg while counting aloud. If you sway, use your arms for balance, or put your foot down too early, the officer may mark it as a failure.
These tests may sound simple, but many sober people struggle with them in circumstances when they’re tired or having to walk on uneven pavement.
Why Field Sobriety Tests Can Be Unreliable
The reliability of these tests has been questioned for decades. The NHTSA itself has actually admitted that they are not 100% accurate, and mistakes often occur in real-world conditions.
Factors that can undermine test accuracy include:
- Environmental issues, such as poor lighting or bad weather
- Physical conditions, like injuries and certain medical disorders
- Improper instructions or unclear demonstrations by the officer
- Officer bias, since the test is scored subjectively
Fortunately, the results of field sobriety tests can be challenged in court. An experienced criminal defense attorney may argue that, for instance, the test was administered incorrectly or that outside factors made the results unreliable.
The Role of Field Sobriety Tests in OVI Cases
In Ohio, failing a field sobriety test is often used as part of the “probable cause” for an arrest. Once you’re arrested, you may be asked to take a chemical test, such as a breathalyzer or blood test, which provides stronger evidence of intoxication.
However, if the initial field sobriety test was flawed, your attorney may be able to argue that the arrest itself was unlawful. Without probable cause, the prosecution’s entire case could weaken significantly.
Common Defenses to Field Sobriety Tests
Defense strategies will vary depending on your case, but some of the most common include:
- Challenging officer training: Officers must follow strict NHTSA rules. If they deviated from them, the test results can be called into question.
- Medical explanations: Conditions such as vertigo and back pain can affect balance and coordination.
- Environmental challenges: Gravel roads, icy sidewalks, and uneven shoulders are not ideal testing grounds.
- Nervousness or stress: Being pulled over is stressful, and anxiety can mimic signs of impairment.
Your lawyer may also use video footage from the officer’s body camera or dash cam to demonstrate inconsistencies in the officer’s observations.
Can You Refuse a Field Sobriety Test in Ohio?
Unlike chemical tests, Ohio law does not generally require drivers to take field sobriety tests. You are typically legally allowed to refuse them (note that Ohio’s implied consent law may impose consequences if you refuse a breath, urine, or blood test).
It’s important to understand, however, that refusing a roadside field sobriety test won’t automatically protect you from an OVI charge. Nonetheless, it may prevent the state from gaining potentially flawed evidence against you.
How a DUI Attorney Can Help You Challenge a Field Sobriety Test Result
Challenging field sobriety tests requires knowledge of Ohio law as well as the applicable NHTSA guidelines.
An experienced OVI defense lawyer can:
- Review whether the officer had legal grounds to stop you in the first place
- Analyze body cam and dash cam footage of the tests
- Consult with medical or forensic experts who can explain alternative reasons for poor test performance
- File motions to suppress evidence that was gathered improperly
- Negotiate with prosecutors for reduced charges or dismissal
With the right defense strategy, you may be able to reduce penalties or avoid a conviction entirely.
Set Up a Free Consultation With a Cincinnati Criminal Defense Lawyer
Field sobriety tests are a common tool in Ohio OVI cases, but they are far from perfect. Many people are arrested based on results that don’t truly reflect intoxication, making it all the more important to have an experienced attorney on your side to help you fight back.
Contact us to schedule a free consultation with a Cincinnati criminal defense attorney today. You’re innocent until proven guilty, and there’s a lot a lawyer can do on your behalf to work toward a favorable outcome. Call Suhre & Associates DUI and Criminal Defense Lawyers to get started.
