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If you are pulled over and suspected of driving under the influence in Ohio, police officers are trained to conduct the standard field sobriety tests, as established by the National Highway Safety Traffic Association. But while these evaluations may be standard, many aren’t sure how they should happen and what their options are. To shed more light on the topic, here’s what to know about sobriety tests and how your refusal or adherence may influence your DUI attorney’s case should you go to court for OVI charges.

What Are the Standard Field Sobriety Tests?

1. Horizontal Gaze Nystagmus

In this test, the police officer will ask you to follow an object—such as the tip of a pen—with your eyes as it passes slowly back in forth in front of your face. The officer will monitor your eye behavior to look for involuntary jerking—a common indicator of alcohol intoxication.

2. One Leg Stand

The one leg stand sobriety test detects impaired balance and coordination due to intoxication. To take the assessment, you’ll stand up straight with your hands at your side. Next, you’ll need to raise one leg, so the foot is about six inches off the ground. While counting out loud, you must hold the pose and keep your eyes focused on the raised foot.

3. Walk & Turn

DUI attorneyAlso designed to evaluate balance and coordination, the walk and turn test requires you to walk a straight line in a heel-to-toe fashion. At the end of the line, you’ll turn and walk the line back to the start position.

How Should a Police Officer Administer the Tests?

Police officers are trained to administer sobriety tests in a specific fashion so as to ensure accuracy and fairness. In general, they must explain the instructions of each test and demonstrate the steps. They will also ask you to verify that you understand the instructions.

What Happens If I Refuse a Field Sobriety Test?

In Ohio, it is your right to refuse a field sobriety test. But while refusal may lower collected evidence and give your DUI attorney more room to argue your case, it’s not always the best option.

Even if you’re sober, refusal of the sobriety test can result in arrest. If you refuse a breathalyzer test, however, your license can be suspended for up to a year.

 

If you’re facing DUI charges in Butler County, don’t wait to seek help from an attorney. Instead, turn to the DUI attorneys at Pater, Pater & Halverson. Serving the Hamilton, OH community, these experienced criminal lawyers are closely familiar with state OVI laws and testing protocols. Whether or not you’ve refused field sobriety tests, these attorneys will work aggressively to prepare a strong case that’s factual and protects your legal rights. To learn more about their many practice areas, visit this law firm online. If you’d like to schedule a consultation, call (513) 867-1411.

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