Defense Against Ohio Field Sobriety Tests
Field sobriety tests are commonly used by police officers to gauge intoxication levels at the time of an arrest. While these tests seem foolproof, they often provide an inaccurate assessment of a driver’s condition. If you have been accused of DUI/OVI after taking a field sobriety test, our Cleveland OVI defense lawyers at our firm can help you fight your charges.
We are certified in DWI Detection and Standardized Field Sobriety training and can provide the guidance needed to challenge the evidence used in your case. In addition, we are members of the National Advocacy for DUI Defense (NAFDD), which is a selection of the top DUI lawyers in the state. With thousands of cases under our belt, we are ready to take your case!
Types of Field Sobriety Tests
There are three tests common to most DUI cases. Some or all of them may be used prior to an arrest to help an officer confirm his suspicions that you were driving under the influence, and any failure may be used as evidence in court.
Horizontal Gaze Nystagmus
When an officer asks someone to follow a pen or light with their eyes, he will observe them to see if their eyes jerk while following the object. This unnatural movement often indicates the presence of alcohol.
One Leg Stand
An officer may ask you to stand on one leg to determine if you show signs of intoxication, such as an inability to stay in place while on one foot. People may be unable to complete this test if they are tired or are asked to stand on a slope, even if they are not drunk.
Walk and Turn
If a person cannot walk in a straight line, heel-to-toe, for nine steps forward and back, an officer may assume they are intoxicated. As with the one leg stand test, many people fail this because of unsure footing or other factors that may not be evident to an officer.
These tests are often used by prosecution to obtain a conviction. Fortunately, they are also frequently dismissed as irrelevant in determining a person’s intoxication.
Legal Defenses for Failed FSTs in Cleveland, OH
Our legal team can help you fight OVI charges and other criminal charges, beginning with the field sobriety test and working to chemical tests and other forms of evidence. Our Cleveland attorneys have practiced law for more than 75 years combined, and can provide the seasoned insight you need in your case.