Field Sobriety Tests And DUI Charges
The standardized field sobriety test is a multitude of tests to help police officers determine if a driver is impaired and if they have probable cause for an operating a vehicle under the influence of alcohol or drugs (OVI) arrest. You have the right to refuse to take a field sobriety test or breathalyzer if you are suspected of drunk driving.
The attorneys at Michael K. Allen & Associates can protect your rights. We have represented many drivers in Cincinnati and throughout Ohio who have been suspected of driving drunk. Many of our attorneys are former police officers – we know what happens during a traffic stop and how field sobriety testing can impact your future.
If you are pulled over for suspected OVI, respectfully refuse to take any test. Instead, contact us to protect your rights.
Should I Take A Field Sobriety Test Or A Breath Test?
The field sobriety test or breathalyzer results will be used against you. You can face serious DUI charges that carry stiff penalties for even first-time offenders. Do not consent to any tests the police ask you to take because it could lead to serious criminal charges.
The Standardized Field Sobriety Tests
The standardized field sobriety tests can seem frightening, especially if you don’t understand your rights. The standardized field sobriety tests include three tests:
- Horizontal gaze nystagmus (HGN): This is an involuntary jerking of the eye. Trained officers will look for a lack of smooth pursuit, distinct nystagmus and an onset of nystagmus.
- Walk and turn: The driver will take nine steps, heel to toe, on a straight line, and turn on one foot and walk back the same way. Officers are trained to look for lack of balance, not following instructions, not touching heel to toe, stopping while walking, starting before told, stepping off the line, using arms to balance, making an improper turn and taking the wrong number of total steps.
- One-leg stand: The driver will stand on one foot while holding the other leg roughly 6 inches from the ground for a specific period of time as told by the officer. The officer is trained to look for arms being used for balance, hopping, placing the foot back on the ground and swaying.
The results of these tests can be used against you as a sign of intoxication. If police determine through field sobriety testing that you are intoxicated or impaired, you can be arrested and charged with OVI.
Contact Us Right Away
Getting pulled over can be a scary experience. Our lawyers understand your fears; we are here to help you. The best step you can take after being pulled over for drunk driving is to call us. We will evaluate the incident to determine if the police violated your rights. If they did, your charges may be dismissed.