Should I Do a Field Sobriety Test When Requested?

If a police officer asks you to perform field sobriety tests during an OVI stop in New Lexington, you generally are not legally required to take them. However, deciding whether to perform or decline the tests can affect how your case unfolds. Knowing your options and remaining calm throughout the encounter is usually just as important as the decision itself.

If field sobriety tests were part of your OVI investigation, our DUI defense attorneys at The Law Offices of Saia, Marrocco & Jensen Inc. can evaluate how the police handled the stop and whether they complied with Ohio law and standardized testing procedures.

Do You Have to Do Field Sobriety Tests in New Lexington?

Unlike chemical breath, blood, or urine tests governed by Ohio’s implied consent law, field sobriety tests are generally voluntary. Officers usually ask drivers to perform them to gather additional evidence of impairment before deciding whether to make an arrest. If you choose to decline, the officer may still arrest you if other observations, such as your driving, appearance, speech, or the odor of alcohol, lead them to believe they have probable cause.

What Should You Do If An Officer Asks You to Do a Field Sobriety Test?

The most important thing is to remain calm, respectful, and cooperative throughout the traffic stop. Avoid arguing with the officer, making sudden movements, or volunteering unnecessary information. Our firm generally advises drivers to remember that field sobriety tests are voluntary in Ohio.

If circumstances allow, you may politely ask whether you’ll be permitted to speak with a lawyer before deciding whether to participate. However, the officer may or may not allow you to do so before continuing the investigation. Either way, staying composed can help prevent the situation from becoming more complicated than it already is. Our criminal defense lawyers can later evaluate how the interaction unfolded, including whether the police accurately documented your statements or actions in the police report.

Can You Be Arrested If You Don’t Do a Field Sobriety Test?

Yes. Declining field sobriety tests does not prevent you from being arrested. Officers may use other evidence, including driving behavior, witness statements, physical observations, admissions, or the results of a chemical test obtained later in the investigation, to arrest you.

What If You Already Did The Field Sobriety Tests?

Taking the field sobriety tests doesn’t necessarily mean you can’t challenge the results. The results of field sobriety tests are generally admissible only if the officer properly complied with the applicable standardized testing procedures. Various factors, such as uneven pavement, poor weather, improper instructions, medical conditions, injuries, fatigue, or an officer’s failure to follow procedures, may affect both the reliability of the test results and their admissibility in court.

One Decision Doesn’t and Shouldn’t Decide Your OVI Case in New Lexington

Whether you performed field sobriety tests or chose to decline them is only one part of an OVI investigation. Prosecutors must still prove their case using legally admissible evidence, and the circumstances surrounding the traffic stop usually deserve closer scrutiny from our legal team at The Law Offices of Saia, Marrocco & Jensen Inc. Reach out to us online or at 614-444-3036 to schedule your complimentary case assessment.

If you were arrested for OVI, our criminal defense attorneys in New Lexington can review the stop from beginning to end, including body camera footage, dash camera footage, and police reports to determine whether the tests were administered correctly and identify legal or factual issues that may strengthen your defense.