The only presumption permitted in an Ohio DUI/OVI trial is the presumption the defendant is not guilty. In a case alleging drugged driving, the prosecution must prove the defendant ingested a drug, and the prosecution must prove the defendant’s ability to drive was impaired. Finally, as a recent case illustrates, the prosecution must prove causation: the impaired driving ability was caused by ingesting the drug.
If you get a ride from an ARIDE officer, it’s because you’ve been arrested for DUI/OVI. The acronym stands for Advanced Roadside Impaired Driving Enforcement, and ARIDE is a course which some police officers complete to improve at investigating and prosecuting Ohio DUI/OVI cases involving drugs. To better understand what officers are learning at ARIDE, I recently completed the program myself, and I expect it to improve my effectiveness in defending cases involving driving under the influence of drugs.
Before an officer can take the ARIDE course, the officer must first complete the training program for DWI Detection And Standardized Field Sobriety Testing sanctioned by the National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP). I completed that program in 2005. That program explains the three phases of DUI/OVI investigations and includes hours of hands-on training for administering the three standardized field sobriety tests (SFSTs). The three SFSTs are the Horizontal Gaze Nystagmus test (follow the pen with your eyes), the Walk And Turn test, and the One Leg Stand test.
Field sobriety testing is the focus of the first part of the ARIDE course. Participants undergo updated training for administering the SFSTs and are introduced to two additional tests. The first new test, the Romberg Balance test has requires a subject to tilt his head back, close his eyes, and estimate 30 seconds. The second new test, the Lack of Convergence test, involves moving a stimulus close to the subject’s nose to see if the subject’s eyes cross. Course participants must pass an SFST proficiency test to continue to the second part of the ARIDE course.