Field Sobriety Testing: A Powerful Tool for OVI Investigations
Field sobriety testing is a crucial part of OVI investigations that can provide substantial evidence in support of an arrest and conviction. Law enforcement officers are trained to recognize and detect alcohol and drug impairment through training, which includes roadside tests that can provide evidence to support an arrest for OVI.
The tests are divided into two categories: standardized field sobriety tests and non-standardized tests. Ohio recognizes three standardized field sobriety tests: the horizontal gaze nystagmus (HGN), walk-and-turn (WAT), and one-leg-stand (OLS).
Non-standardized tests include a partial alphabet test, a counting backwards test, and a finger-dexterity test. More advanced training in drug detection through the NHTSA's Advanced Roadside Impaired Driving Enforcement (ARIDE) training teaches officers two additional non-standardized roadside tests: the modified Romberg balance test and the lack of convergence (LOC) test.
Field sobriety tests must be administered in accordance with recognized testing standards, typically those set forth by the National Highway Traffic Safety Administration (NHTSA). The 2018 participant manual is divided into sixteen sessions that take trainees through all phases of an OVI investigation and arrest.
The decision to arrest or not arrest is based on three phases: initial observation of the vehicle in motion and of the stop, face-to-face observation, interview, and observation of the exit, and FSTs and preliminary breath tests.
The initial function of field sobriety testing is to assist the officer in deciding if there is probable cause to make an arrest. Before asking a motorist to submit to such testing, the officer must have sufficient indicia of intoxication based on the totality of the circumstances. A subject's performance on field sobriety tests may be used to support probable cause to arrest. The admissibility of field sobriety tests is often challenged by the defense in a pretrial motion to suppress. See Pdf for OVI Offense and Sentence information. https://oamccc.org/wp-content/uploads/2018/02/2017_OVI_Chart.pdf. Overall, field sobriety testing is a powerful tool for OVI investigations, but it must be administered correctly and in accordance with established testing standards. The admissibility of the test results may be challenged by the defense.
If you have been charged with a crime in Oxford, Ohio, Preble County, or Butler County, don't hesitate to contact us at Ryan Agee Law. Our team of experienced professionals have a proven track record of success in criminal defense, and we are committed to fighting tirelessly for your rights. So if you need a criminal defense attorney in Oxford, Ohio, Preble County, or Butler County, contact Ryan Agee Law today. We are ready to fight for you and interests.
