FAQs – Field Sobriety Tests

What Are the Field Sobriety Tests Used in Ohio?

Most DUIs begin with a routine roadside traffic stop. The law enforcement officer may have seen you break a traffic rule. This could lead to them having a reason to suspect you of driving under the influence. An officer is trained to be on the lookout for signs of drinking, drug use, or impairment.

Most times, the officer won’t be sure right off the bat that you are intoxicated. In other instances, the officer may have already made a snap judgment and they are looking for evidence to back up their claim. If you find yourself in this position, they may ask you to perform what is known as a field sobriety test. Field sobriety tests are small challenges that should be easy for a sober driver, while stumping and throwing off an impaired person.

The three NHTSA Tests are:

• Walk & Turn
• One-Leg Stand
• Horizontal Gaze Nystagmus (HGN).

It is important to understand that you are NOT required to take these tests at all. You can politely decline the test without giving any reason why. The officer may still arrest you for suspected DUI, but now they cannot use a test to back up their claim. If you did perform a field sobriety test before your arrest, please give our firm a call today.

Is the Field Sobriety Test Mandatory in Ohio?

The simple answer to this question is “No.” You do NOT have to submit to a field sobriety test, and there is no penalty or enhancement for refusal. In Ohio, you are within your rights to refuse a field sobriety test, similarly to how you can refuse a Portable Breathalyzer Test (PBT). We will examine the reasons why refusing a field sobriety test is recommended by a majority of DUI/OVI attorneys in Ohio.

First, here is a review of three different kinds of field sobriety tests. Officers may conduct eye tests, the “walk and turn” test, or the “one-leg stand” test.  The intent is to determine whether the person pulled over has been driving under the influence. Keep in mind that each of these tests is evaluated by a police officer from a completely subjective point of view. This will allow the officer to gather their own evidence to back up his or her suspicion that you were operating a vehicle under the influence.

It can be in your best interests to refuse a field sobriety test. The test is not mandatory, and the state cannot use your refusal against you in a court of law. On the other hand, if you take part in a field sobriety test, you are providing the state with additional evidence to substantiate a charge for a DUI/OVI.

If you are pulled over, the officer conducting the traffic stop will more than likely ask you a series of questions. You are legally required to comply only with the request for your license, insurance, and registration if you have been stopped by an officer. Any questions asked beyond that are usually for the benefit of the law enforcement officer. Answering these questions may validate their suspicion that you have been operating a vehicle under the influence. If you find yourself in that situation, you do not need to give evidence against yourself. You are never obligated to answer further questions.

An officer may insist on a Portable Breathalyzer Test before you are sent on your way. You can also refuse to perform this test without any consequence of losing your driver’s license. The police officer is not allowed to use your refusal to take a Portable Breathalyzer Test (PBT) as evidence against you in your DUI/OVI case, and there are no license ramifications or enhancements from refusing a PBT.

Although the National Highway Traffic Safety Administration (NHTSA) has developed a multitude of standardized tests to help law enforcement, there are several factors that could lead to a field test’s being improperly administered.

If you suffer from a physical or psychological condition, testing conditions will not be the same as those modeled through the National Highway Safety Administration. Again, these tests are completely subjective and are conducted at the site of the traffic stop to solidify the probable cause. They can assist the officer in making an OVI/DUI arrest.

Can I Challenge the Results of a Field Sobriety Test in Court?

Yes, you can. Field sobriety tests aren’t foolproof. In fact, they’re pretty subjective. Officers are trained to look for certain clues, but those clues can be misinterpreted, especially if the test wasn’t given properly or if you had a valid reason for struggling—like a medical condition, nervousness, bad weather, or even the shoes you were wearing.

At The Farrish Law Firm, L.P.A., we dig into the details. We look at how the test was administered, whether the officer followed the correct procedures, and whether the conditions were fair.

What if I Did Well on the Test but Was Still Arrested?

Police officers base arrest decisions on the totality of the circumstances observed during the stop. This means they’re looking at everything — from your driving behavior, physical appearance, and speech patterns to performance on any field tests. If an officer believes there’s enough evidence to suggest impairment, they might still decide to arrest you, even if you aced the field sobriety tests.

Can I Ask for a Lawyer Before Taking a Field Sobriety Test?

You can ask—but, unfortunately, the officer doesn’t have to let you talk to a lawyer before giving you a field sobriety test. These tests happen during what’s called the “investigative” phase of a traffic stop, and courts have ruled that you don’t have the right to an attorney at that point.

That said, you do have other rights. You have the right to remain silent. You have the right to politely refuse the test. Once you’re officially under arrest, your right to speak with an attorney kicks in—and that’s when it’s critical to call someone who knows how to handle DUI cases.

What Should I Do if I’ve Been Arrested After a Field Sobriety Test?

Your first move should be to stay quiet about the details of your case. Politely but firmly exercise your right to remain silent, because anything you say can and will be used against you. This is not the time to explain or argue your case to the police.

Next, ask for an attorney. This is your right, and having legal support as soon as possible can make a significant difference in your case. The sooner we get involved, the sooner we can start protecting your rights, reviewing evidence, and figuring out what happened during that traffic stop. Sometimes, field sobriety tests are done incorrectly or under unfair conditions, and that’s something we can challenge.

While you’re waiting for your lawyer, try to remember as much as you can about the circumstances of the stop and the field sobriety test. Details, no matter how minor they may seem, can be crucial in your defense.

Contact The Farrish Law Firm L.P.A. Today

If you are stopped for a DUI/OVI in Ohio, our experienced DUI defense attorneys would be happy to help you with your charge and determine how to proceed in your case.

Contact our firm today at 513-549-0611.

ATTORNEY KELLY FARRISH

Kelly Farrish always knew he wanted to be an attorney, but he the path he took to get there isn’t like most. He served five years in the United States Air Force and did two voluntary years in South Vietnam. When he returned to Cincinnati, he worked the midnight shift as a technician at Cincinnati Bell, all the while attending college full time year round for three years. He graduated Cum Laude from the University of Cincinnati. [ ATTORNEY BIO ]