Tag Archives: Field Sobriety Tests

Field Sobriety Tests (and OVI Charge) Thrown Out When Officer’s Instructions Improper

June 07, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Field Sobriety Tests (and OVI Charge) Thrown Out When Officer’s Instructions Improper

In most OVI cases, drivers submit to field sobriety tests (i.e., walk and turn, eye test, and one leg stand). Where an OVI stops ends in an arrest, the officer in nearly every case reports that the driver “failed” the tests.  But just because a driver “fails” a field sobriety test doesn’t mean there is […]

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What “Clues” are Ohio Officers Looking for on the “Walk and Turn” OVI Field Sobriety Test?

May 15, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on What “Clues” are Ohio Officers Looking for on the “Walk and Turn” OVI Field Sobriety Test?

When administering field sobriety tests, one of the first tests officers will do with OVI suspects is the “walk and turn” test.  In this test, the officer asks the suspect to walk on a line taking nine steps forward, pivot on one foot in a circle and then take nine steps back.   The officer […]

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Are Field Sobriety Tests Admissible in Ohio If the Driver is More than 50 Pounds Overweight?

January 16, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Are Field Sobriety Tests Admissible in Ohio If the Driver is More than 50 Pounds Overweight?

Ohio officers are required to perform all field sobriety tests in compliance with the National Highway Traffic Safety Administration (NHSTA) manual.   The NHSTA manual states that someone more than 50 pounds overweight may have difficulty performing certain field sobriety tests — namely, the one leg stand.   The fact that a defendant is more […]

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OVI Charge Dismissed Where Officer Gave Incomplete Instructions on Field Sobriety Tests and the Driver Did Not Admit to Drinking

March 31, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Charge Dismissed Where Officer Gave Incomplete Instructions on Field Sobriety Tests and the Driver Did Not Admit to Drinking

In one recent Columbus (Franklin County) OVI case, the driver was: in an accident, the officer noted a strong odor of alcohol, bloodshot and glassy eyes, slurred speech, the driver did NOT admit to drinking, the driver took and failed field sobriety tests, and the driver took and failed the breathalyzer test at the police station […]

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HGN (Horizontal-Gaze Nystagmus) Eye Test Thrown Out for Failure to Comply with NHSTA Manual

October 13, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on HGN (Horizontal-Gaze Nystagmus) Eye Test Thrown Out for Failure to Comply with NHSTA Manual

Driver Pulled Over for Suspected OVI – Agrees to HGN Eye Test An officer began following a vehicle after seeing it drive over the center line.  After seeing the car drive over the center line a second time, the officer pulled the car over. After pulling the driver over, the officer determined that the driver’s […]

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OVI Charges Dismissed Based on Video Evidence

June 27, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Charges Dismissed Based on Video Evidence

In a recent Ohio OVI case, the police cruiser video played a critical role in getting all OVI charges dismissed.   The majority of Central Ohio police departments employ cruiser video cameras that can capture the traffic violation, interactions with the officer and any field sobriety tests during the traffic stop.  We obtain cruiser videos regularly […]

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Upper Arlington OVI Dismissed for Lack of Probable Cause to Arrest

May 04, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Upper Arlington OVI Dismissed for Lack of Probable Cause to Arrest

Recently, an Upper Arlington OVI case was dismissed for lack of probable cause to arrest.  In State v. Wissinger, 2014-Ohio-1601, the defendant was charged with (1) one count of OVI under City of Upper Arlington Ordinance 353.01(A); (2) one count of OVI per se, in violation of City of Upper Arlington Ordinance 353.01(B)(2); and (3) one count of operating a […]

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Field Sobriety Tests: What are Ohio Police Officers Looking For?

May 21, 2013  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Field Sobriety Tests: What are Ohio Police Officers Looking For?

Most people have heard of field sobriety tests either from TV, movies or friends (or from personal experience).  Touch your nose, walk the yellow line, say the alphabet backwards – these are all tests we hear about – but what are they really for?  What are the police officers looking for when they a driver […]

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