DUI/OVI field sobriety tests

May 23, 2015

When Are Police Permitted To Give Field Sobriety Tests?

Imagine you are driving home on a central Ohio freeway after a late dinner and you are pulled over by a police officer. The officer says you were stopped for failing to use your turn signal when you changed lanes. The officer announces he smells the odor of alcohol and asks if you have been drinking. You did have a glass of wine with dinner. The officer then asks you to get out of the car for some field sobriety tests to “make sure you’re okay to drive”. Under what circumstances is the officer justified in doing this?

August 23, 2014

New Book Provides Readers With Valuable Information About DUI/OVI In Ohio

by Shawn Dominy

It won’t win a Pulitzer Prize, it will not be mentioned with the New York Times best sellers, and it will not be at the top of readers’ ‘wish lists’. In fact, most people may not find it very interesting. If you are charged with a DUI/OVI in Ohio, however, this book suddenly becomes a must-read. I’m talking about the new book: I Was Charged With DUI/OVI, Now What?!

September 21, 2013

Deficient Field Sobriety Tests Are Inadmissible In Ohio DUI/OVI Cases

by Shawn Dominy

Standardized field sobriety tests (SFSTs) are administered in nearly every DUI/OVI case in Columbus and central Ohio. A previous post in this blog analyzed the standard for admitting the tests as evidence in court: the SFSTS must be administered in substantial compliance with the officers’ training manual for the tests to be admissible. A recent case in an Ohio appellate court applied that standard and concluded the tests were not admissible in Middleburg Heights v. Gettings.

October 8, 2011

Good Friends And Field Sobriety Tests

by Shawn Dominy

Justin’s buddy was arrested for O.V.I. (D.U.I.) and called Justin to pick him up at the police station. Being a good friend, Justin drove to the police station. When he arrived, Justin was greeted by an officer who noticed that Justin had glazed eyes, slurred speech, and an odor of alcohol. The officer had Justin get out of the car, and the officer administered field sobriety tests. The officer arrested Justin and charged him with O.V.I. Justin later appealed his O.V.I. conviction, claiming the officer did not have justification to administer field sobriety tests.

June 21, 2011

Can I Talk With An Ohio OVI Attorney Before Field Sobriety Tests?

by Shawn Dominy

Suddenly, there are flashing lights in your rear-view mirror. ‘What did I do?’ The officer slowly approaches your window. “Good evening. I noticed you had some trouble staying in your lane back there. I need to see your license, registration, and proof of insurance.” The nervousness makes it nearly impossible to get that stupid license out of your wallet. Where is the registration? You finally give the officer the documents. “Just sit tight”, he says, “I’ll be ‘right back.”

April 26, 2010

What Is The Standard For Standardized Field Sobriety Tests In Ohio?

by Shawn Dominy

Standardized field sobriety tests are administered in nearly every OVI (DUI) case in central Ohio. But what it the standard for admitting the field sobriety tests as evidence in an OVI (DUI) trial? To answer this question, we must look at decisions by the Ohio Supreme Court, legislation by the Ohio General Assembly, and the manual published by the National Highway Traffic and Safety Administration.