Super Lawyers
Expertise 2020
Expertise 2021
Avvo Rating 10
Avvo Clients' Choice
National College for DUI Defense
Lead Counsel
Top 40
PACDL
NAOCDL

Field Sobriety Tests in Youngstown

If you are stopped on suspicion of impaired driving in Ohio, the officer may ask you to complete a series of roadside tests. These are known as Standardized Field Sobriety Tests (SFSTs). Law enforcement uses them to look for signs that a driver may be under the influence of alcohol or drugs. Although these tests are common, they are not as simple or as foolproof as they may seem. Age, medical conditions, physical limitations, uneven pavement, stress, and poor weather can all affect performance.

What Are Standardized Field Sobriety Tests?

Standardized Field Sobriety Tests are a group of roadside exercises developed through research supported by the National Highway Traffic Safety Administration. Police officers and highway patrol officers in Ohio use these tests during OVI investigations. The first versions of these tests were introduced in the 1970s and were further studied through the 1980s.

The purpose of these tests is to help an officer decide whether there is probable cause to make an arrest. Even so, the tests are subjective in many ways. Officers must give the instructions correctly, observe carefully, and score the results properly. If any part of that process is handled incorrectly, the results may be challenged. A Youngstown criminal lawyer can review whether the officer followed the proper procedures during the stop and investigation.

Common Field Sobriety Tests Used in Ohio

The following are some of the most frequently used field sobriety tests:

  • Horizontal Gaze Nystagmus test – The officer asks you to follow a pen, flashlight, or another small object with your eyes only, without moving your head. The officer looks for involuntary jerking of the eyes, which may be interpreted as a sign of intoxication.
  • One-Legged Stand test – The officer tells you to stand on one leg while raising the other foot about 6 inches off the ground. You may also be told to count out loud while the officer times you for 30 seconds.
  • Walk-and-Turn test – The officer instructs you to walk heel-to-toe for a certain number of steps, usually along a line near the road, then turn and walk back the same way.

Why Field Sobriety Tests Can Be Misleading

These tests may sound straightforward, but many sober people have trouble completing them successfully. That is one reason they should be viewed with caution. A person may appear unsteady or confused for reasons that have nothing to do with alcohol or drug use.

Several factors can affect test performance, including:

  • Physical disabilities
  • Illness or recent injury
  • Back, knee, hip, or ankle problems
  • Inner ear issues or balance disorders
  • Being overweight
  • Fatigue or anxiety
  • Dark lighting conditions
  • Uneven, sloped, wet, or broken pavement

In Youngstown and across Ohio, roadside conditions are often far from ideal. The shoulder of the road, especially near the white line, is rarely smooth or level. In addition, not every officer performs SFSTs the way training requires. A skilled Youngstown OVI attorney can examine body camera footage, dash camera video, and police reports to determine whether the test conditions or instructions were flawed.

Are You Required to Take a Field Sobriety Test?

In Ohio, you are not legally required to perform field sobriety tests during a traffic stop. You may choose to decline them.

That said, refusing a field sobriety test does not guarantee that you will avoid arrest. If the officer believes there is enough other evidence to support an OVI charge, you may still be taken into custody. However, by declining the tests, you may avoid giving the officer additional observations to use against you later. If you were arrested after refusing roadside exercises, a Youngstown criminal lawyer can help evaluate whether the stop, detention, and arrest were legally justified.

Field sobriety tests are different from chemical testing. Chemical tests involve testing a person’s blood, breath, or urine to determine alcohol concentration or the presence of certain drugs.

Ohio also has an implied consent law. This means that when you accept an Ohio driver’s license, you are considered to have agreed to submit to chemical testing if law enforcement requests it under the proper circumstances.

During a traffic stop, an officer may ask you to blow into a portable device at the roadside. This device is often called a:

  • Preliminary breath test
  • Roadside breath test
  • Breathalyzer

You may be asked to take this roadside breath test, whether or not the officer also asks you to perform field sobriety tests.

What Happens if a Roadside Breath Test Shows Alcohol?

If the portable breath machine suggests that your blood alcohol content is over the legal limit, the officer may arrest you for OVI. Still, these portable devices are not the same as official post-arrest chemical tests. Portable roadside breath tests are often challenged because they can be unreliable and inaccurate. In many cases, prosecutors cannot use the roadside breath test result as evidence in court the same way they may try to use an official evidential test.

There are generally no direct legal penalties for refusing the roadside breath test itself, just as there are no direct legal penalties for refusing field sobriety tests. But again, an officer may still arrest you if the officer believes there is enough evidence of impairment. If that happened to you, a Youngstown OVI attorney can review whether the arrest was based on proper legal grounds.

Refusing Chemical Blood, Breath, or Urine Testing

The more serious consequences usually arise when you refuse an official chemical test after arrest. This is where implied consent becomes important.

You can refuse chemical testing, but refusing may trigger additional penalties. Depending on the type of test requested and the facts of the case, you could face:

  • Civil consequences
  • Administrative license-related penalties
  • Possible criminal consequences in some situations

For example:

  • If you refuse a breath test, you may face civil penalties and, in some cases, criminal consequences separate from the underlying OVI allegation.
  • If you refuse a blood test, you may face civil consequences, though the situation may differ from a breath-test refusal.

Because the consequences can vary based on your driving history, the facts of the stop, and the exact test requested, it is important to get legal advice quickly. A Youngstown criminal lawyer can explain how Ohio’s implied consent rules may apply to your case and what options may be available to protect your license and your record.

An OVI case is rarely as simple as it first appears. The officer’s reason for the stop, the way the field sobriety tests were given, the reliability of the chemical test, and the handling of evidence can all make a major difference. Even small mistakes by police can create important legal issues.

If you were arrested for drunk driving in Youngstown and gave a blood, urine, or breath sample to police, you should act quickly. A Youngstown OVI attorney can investigate the details of your arrest, challenge weak evidence, and determine whether your charges may be reduced or dismissed.

Talk to Youngstown Criminal Law Group

Sean Logue and Youngstown Criminal Law Group have completed extensive training in OVI laws, defenses, and arrest procedures. The group has handled hundreds of cases and brings persistence and close attention to detail to every matter it takes on.

If you are dealing with an OVI charge in Youngstown, do not wait to get answers. Early action can make a real difference in your case.

For a free initial consultation, call Youngstown criminal lawyer at (330) 791-8104 any time, day or night.

Client Reviews

Sean is the best criminal defense lawyer ever! He answered all questions and returned all calls and texts. He was informed. He was attentive and got us an outcome that we never expected! Want someone who will fight for you and protect your rights? If yes, then Sean Logue is the attorney you want on...

Former Client

Sean is the best criminal defense lawyer ever! He answered all questions and returned all calls and texts. He was informed. He was attentive and got us an outcome that we never expected! Want someone who will fight for you and protect your rights? If yes, then Sean Logue is the attorney you want on...

Former Client

Attorney Logue represented me well and took care of my legal issues superbly. He is a no-nonsense, very knowledgeable and well respected lawyer. I was pleased with his services. Would definitely recommend Attorney Logue to others.

Former Client

After fighting a ticket from hell that cost me my job, thousands in debt from having no job and threatening my present career, Sean Logue stepped in and the case was dismissed. It's a huge relief to have his professionalism and know-how in your corner!

Former Client

Fill Out Our Contact Form