Calesaric Law
Call 740-334-4256 to protect your rights and your future.
Calesaric Law
740-334-4256

Robert Calesaric

Aggressive Criminal Defense Built On Prosecutorial Knowledge And Courtroom Mastery

Newark Field Sobriety Test Attorney

Individuals suspected of drunk driving in Ohio may be asked to submit to field sobriety tests when pulled over by the police. These tests require an individual to perform physical or verbal tasks in an effort to prove sobriety. However, many of these tests can be physically or mentally challenging, even for someone who is sober.

If you have been charged with OVI/DUI and field sobriety tests were administered when the police officer pulled your vehicle over, talk to an experienced criminal defense attorney. Several solid defense options may be available, even if you performed poorly on the field sobriety tests. Contact a Newark field sobriety test lawyer to find out more.

Field Sobriety Tests And OVI/DUI

Common field sobriety tests that are administered at an OVI/DUI stop include:

  • Walk-and-turn test
  • Horizontal gaze nystagmus
  • One-leg stand
  • Finger count
  • Reciting the alphabet backward

These field sobriety tests are controversial and do not necessarily give an accurate indication of intoxication by alcohol. Many factors may influence how an individual performs, including age, physical ability, prescription drug use, lighting, nerves, and even weather conditions.

I have more than 30 years of legal experience, both as a criminal defense attorney and as a prosecutor. Additionally, I am certified in the administration of roadside Standardized Field Sobriety Tests and recently passed the Advanced Roadside Impaired Driving Enforcement (ARIDE) class test. My vast experience allows me to understand both sides of an OVI/DUI case and build effective defenses on behalf of clients.

Field Sobriety Test Refusals And OVI/DUI

Field sobriety tests are typically voluntary in Ohio. This is different from post-arrest chemical testing, such as breath, blood, urine or oral fluid testing, which falls under Ohio’s implied consent law. During a traffic stop, an officer may phrase the request in a way that sounds routine or required. For example, the officer may say, “I need you to step out and perform a few tests,” or “I want to make sure you are safe to drive.”

A driver may decline field sobriety tests, but refusal does not mean the stop ends. The officer may still rely on other observations, including:

  • Odor of alcohol
  • Speech
  • Balance
  • Driving behavior
  • Statements
  • Appearance

Prosecutors may also try to describe a refusal as part of an “indicators of impairment” narrative. That does not make the field sobriety test refusal the same as refusing a chemical test after arrest.

Standardized And Nonstandardized Field Sobriety Tests

Not every roadside test carries the same weight. Only three roadside exercises fall within the federal standardized field sobriety testing framework:

  • Horizontal gaze nystagmus test
  • Walk-and-turn test
  • One-leg stand test

These tests have specific instructions, clues and scoring rules. Other exercises, such as reciting the alphabet backward, counting fingers or touching a finger to the nose, are not part of the standardized three-test battery. These nonstandardized tests may still appear in police reports, but they are easier to challenge because they lack the same objective scoring criteria. A person may struggle with these tasks for reasons that have little to do with alcohol, including nerves, confusion, fatigue, medical issues or the stress of standing beside the road during a police stop.

Field Sobriety Test Errors And OVI/DUI Defense

The way an officer gives and scores a field sobriety test matters. Ohio courts look at whether the officer administered standardized tests in substantial compliance with accepted testing standards. If the officer skipped required screening questions, gave unclear or incorrect instructions, failed to check for resting nystagmus, used flashing lights in a way that affected the eye test or chose an uneven, slippery or unsafe surface, the results may be challenged.

These problems do not automatically end an OVI/DUI case. However, they may support a motion to suppress the field sobriety test results or weaken the prosecution’s argument. A careful defense review looks at the video, police report, officer training, test instructions, surface conditions and any medical or physical issues that may explain poor performance.

Contact A Newark Criminal Defense Lawyer: Understanding The Ohio DUI Stop And Arrest Process

Contact Calesaric Law for a consultation about your OVI/DUI arrest. I serve clients throughout central Ohio, including Newark, Mt. Vernon, Lancaster, New Lexington, Johnstown and near Ohio State University (OSU/Newark), Denison University or Buckeye Lake.