Field Sobriety Tests in Warren, Trumbull County, OH

What Are Standardized Field Sobriety Tests (SFST)?

In Ohio, law enforcement uses Standardized Field Sobriety Tests (SFST) to evaluate whether a driver is under the influence of alcohol or drugs. Developed by the National Highway Traffic Safety Administration (NHTSA) and standardized in the 1980s, these tests are designed to be simple for police officers and highway patrolmen to administer.

Commonly Used Field Sobriety Tests

●     Horizontal Gaze Nystagmus Test

 During this test, an officer asks you to follow the movement of a pen or another object using only your eyes, without moving your head.

●      One-Legged Stand Test

 Here, the officer instructs you to stand on one leg, lifting the other foot about six inches off the ground. You will then be asked to count out loud while the officer times you for 30 seconds to see if you can maintain balance and count correctly.

●      Walk and Turn Test

 In this test, you are asked to walk heel-to-toe along a straight line, turn, and walk back in the same manner.

Important Considerations

It’s crucial to remember that even sober, able-bodied individuals may find these tests challenging. People with disabilities, illnesses, injuries, or who are overweight might struggle to perform these tests successfully and could appear impaired. Additionally, the surfaces of roads, especially near the edges, are often uneven. Lastly, not all officers administer these tests correctly.

You are not obligated by law to perform a field sobriety test. You have the right to refuse.

Chemical Testing in Ohio and Implied Consent

Chemical testing refers to any blood, breath, or urine test used by law enforcement to determine if someone is driving under the influence. Under Ohio’s “implied consent” law, by accepting a driver’s license, you agree to undergo chemical testing when requested by police.

Breathalyzer Tests

During a traffic stop, an officer may ask you to blow into a portable device to measure your blood alcohol content (BAC). This is known as a preliminary breath test or roadside breath test. You might be asked to take this test with or without performing field sobriety tests.

If the breathalyzer indicates that your BAC is above the legal limit, you will be arrested for Operating a Vehicle Impaired (OVI). It is important to note that these portable tests are often unreliable and cannot be used as evidence in court.

Refusal and Legal Ramifications

Refusing to take a breathalyzer or field sobriety test carries no legal penalties. However, refusal does not prevent the officer from arresting you if they suspect you are intoxicated.

The consequences come into play if you refuse a chemical test (blood, breath, or urine) after being arrested. Under the Ohio Revised Code, refusal can result in additional charges. For example:

• Refusing a breath test can lead to both civil and criminal charges.
• Refusing a blood test may result in civil charges but not criminal ones.

What to Do If Arrested for OVI

If you are arrested for drunk driving and have provided a blood, urine, or breath sample, it is crucial to seek legal assistance immediately.

Sean Logue and the Youngstown Criminal Law Group are experienced Warren criminal attorneys well-versed in Ohio Revised Code regarding OVI laws, defenses, and arrest procedures. They have successfully handled hundreds of cases, often achieving reduced or dismissed charges for their clients.

Contact Us

For a free initial consultation, call (330) 992-3036 any time, day or night. This information is provided for educational purposes and should not be considered legal advice.