How Field Sobriety Tests Are Challenged in Ohio OVI Cases

When a police officer pulls you over for suspicion of intoxicated or drugged driving, they may ask you to step out of the vehicle to perform field sobriety tests. Should you agree, your performance on those tests and overall appearance and demeanor may give the officer probable cause to charge you with OVI – operating a vehicle while intoxicated or under the influence of drugs. However, you may have a legal defense to challenge the reliability or admissibility of the field sobriety tests to contest an OVI charge in Ohio.

Common Issues with Field Sobriety Tests

Because field sobriety tests usually occur on the side of the road in whatever lighting and weather conditions that an OVI stop occurs, various issues with testing may give defense attorneys grounds to challenge the admissibility or reliability of test results. Field sobriety tests like the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand tests rely on the subjective assessment of the officer conducting the test.

The fact that officers usually suspect drivers of intoxicated driving when they ask them to perform field sobriety tests may influence an officer’s perception of a driver’s performance. Other factors like a driver’s nervousness or medical conditions, inadequate or confusing instructions from the officer, or environmental factors can affect a driver’s performance on a field sobriety test.

Ways Defense Attorneys Can Challenge Field Sobriety Test Results

Defense lawyers may assert various challenges to the reliability of field sobriety test results. Some of the most common defense strategies used against field sobriety tests in Ohio OVI cases include:

• Improper administration : A defense attorney may point out that the arresting officer failed to follow the standardized procedures created by the National Highway Traffic Safety Administration for the three standard field sobriety tests – the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand tests.
• Medical conditions : A defense strategy might highlight a driver’s various medical conditions that could have adversely affected their performance on field sobriety tests, such as recent orthopedic injuries, arthritis, vertigo, or inner ear problems.
• Environmental factors : Conditions such as low lighting, uneven ground, and heavy precipitation or wind can affect a driver’s performance on a field sobriety test. Defense attorneys may also highlight that the arresting officer had a driver perform field sobriety tests in inappropriate footwear, such as high heels or flip flops.
• Officer bias or subjective interpretation : Defense lawyers may raise an officer’s personal biases or subjective beliefs before administering a field sobriety test that could have influenced their perception of a driver’s performance.

The Importance of Legal Representation

An experienced OVI defense attorney should understand the weaknesses inherent in field sobriety tests and know how to pinpoint circumstances or errors that may allow them to challenge the results of a test. A successful defense may lead a court to discount the arresting officer’s testimony or convince prosecutors to reduce or drop charges against a driver.

Contact an OVI Defense Attorney Today

If you’ve been charged with OVI in Ohio, you need knowledgeable legal representation to help you challenge field sobriety test results entered into evidence in your case. Contact The Law Offices of Saia, Marrocco & Jensen Inc. today for a free, confidential consultation with our attorneys to discuss your legal options for fighting OVI charges.