Field Sobriety Tests in Warren, Trumbull County, OH

Ohio’s Use of Standardized Field Sobriety Tests (SFSTs)

Introduction

Ohio employs Standardized Field Sobriety Tests (SFSTs) to ascertain if a driver might be under the influence. These tests are simple to administer and were established by the National Highway Safety Administration (NHTSA), becoming standardized for use by police officers and highway patrolmen. They were first introduced in the 1970s and further studied throughout the 1980s.

Commonly Used Field Sobriety Tests

1.   Horizontal Gaze Nystagmus Test:

• The officer asks you to follow the movement of a pen or another object using only your eyes, without moving your head.

2.   One-legged Stand Test:

• The officer requests you to stand on one leg, lifting the other foot around 6 inches off the ground. You are then asked to count out loud while the officer times you for 30 seconds to see if you can maintain your balance and count correctly.

3.   Walk and Turn Test:

• The officer instructs you to walk heel-to-toe along a straight line for a set number of steps, turn, and walk back in the same manner.

Important Considerations

• Even sober and able-bodied individuals may struggle with these tests.
• Individuals with disabilities, illnesses, injuries, or those who are overweight might be unable to complete these tests successfully, appearing intoxicated even when they are not.
• Road surfaces, particularly near the white line, are often uneven.
• Not all officers administer these tests accurately.

Legal Rights

You are not legally obligated to perform a field sobriety test in Ohio. If you choose, you can refuse these tests.

Chemical Testing in Ohio and Implied Consent

Understanding Chemical Testing

“Chemical testing” refers to any blood, breath, or urine test used by police to determine if someone is driving under the influence.

Implied Consent

When you accept your Ohio driver’s license, you agree (via implied consent) to undergo chemical testing if requested by law enforcement.

Traffic Stops and Preliminary Breath Tests

During a traffic stop, if an officer suspects you of drunk driving, they may ask you to blow into a portable breathalyzer to check your blood alcohol level. This portable device is known as a preliminary breath test, roadside breath test, or breathalyzer. You may be asked to take this test with or without performing field sobriety tests.

If the breathalyzer indicates intoxication (i.e., your blood alcohol content is above the legal limit), you will be arrested for OVI (Operating a Vehicle Impaired). However, these portable breath tests are often unreliable and inaccurate, and their results cannot be used by the prosecutor in court.

Refusal to Take Tests

There are no legal penalties for refusing to take a breathalyzer or field sobriety test. However, refusal does not prevent the officer from arresting you if they believe you are intoxicated.

Implied Consent and Consequences

Refusing a chemical blood, breath, or urine test invokes implied consent consequences. You may face both civil and criminal charges if you refuse a breath test. Refusing a blood test might result in civil charges but no criminal ones.

If arrested for drunk driving and you’ve provided a blood, urine, or breath sample, contact Youngstown Criminal Law Group immediately.

Sean Logue and the Warren criminal attorneys have undergone extensive training in OVI laws, defenses, and arrest procedures. They have handled hundreds of cases, often achieving reduced or dismissed charges through their tenacity and dedication.

Free Consultation

For a free initial consultation, call (330) 992-3036 anytime, day or night.