Field Sobriety Tests are not a fair measure of impairment for all individuals.
An OVI / DUI charge generally starts with a police officer pulling you over for a traffic stop. The officer may be pulling you over for a number of reasons. The officer may have observed driving that makes the officer believe you are intoxicated; the officer may have received a "tip" that you are intoxicated; the officer may have observed a simple traffic violation such as speeding; the officer may have observed an equipment violation such as a burned out headlight; or maybe you were involved in an accident.
When stopped,the officer may ask that you exit the vehicle he will instruct you to perform certain field sobriety tests. The tests are designed to test your level of intoxication, and are generally used by the officer to establish probable cause to arrest you for DUI. Despite the situation and what the officer may indicate, you are not required to perform field sobriety tests. Although, in many instances, the officer may arrest you anyway.
SFSTs are not really tests at all but are ridiculous gymnastic events that will usually result in an individuals failure and the results of the tests are highly subjective.
Field sobriety tests are designed to assist the officer in determining whether you are under the influence. You are not legally required to perform these tests. There are pros and cons to taking the tests and refusing the tests. You should be aware that many traffic stops are now recorded by video cameras in police cruisers .
The Three Most Common Field Sobriety Test.
One of the most common field sobriety tests involves following a pen or finger with the eyes while keeping the head still. This is the "horizontal gaze nystagmus" test and although scientific in appearance, is highly unreliable due to the lack of expertise of the officer in administering or interpreting the test.
The walk and turn: A driver is told to walk in a straight line with his or her feet aligned heel to toe. After reaching a certain point, the driver is told to turn and to repeat.
The one-legged stand: The driver keeps his or her arms at his or her side while standing on one foot with the other foot a few inches off the ground
Contact a Cleveland Field Sobriety Test Defense Attorney
In order to fight for your rights and protect your future, you will need an aggressive defense if you've been charged with DUI / OVI. Contact us today for a free consultation with a skilled Ohio DUI / OVI defense lawyer