Breath & Field Sobriety Test Attorney In Independence, Ohio

Whether you are facing your first driving under the influence (DUI) charge or a subsequent offense, the situation can be incredibly stressful and overwhelming. For most people, losing your license even temporarily can have a devastating effect on your professional and personal lives. Ohio defines the act of driving drunk as operating a vehicle while intoxicated (OVI). There are strict penalties associated with a drunk driving conviction, even for first timers. At the Law Office of A. Dale Naticchia, our Cleveland DUI attorneys have assisted drivers arrested in Akron and throughout Cuyahoga County in seeking fair treatment during a DUI / OVI investigation, particularly when it comes to ensuring that the field sobriety tests were administered appropriately. If you are facing a DUI / OVI charge, contact us to start learning about the defenses that may apply to your situation.

Field Sobriety Tests in Ohio

When an officer pulls a driver over on suspicion of DUI / OVI, there are a number of ways in which the driver’s sobriety can be evaluated. The officer can administer a breath test with a machine that measures the driver’s blood alcohol concentration (BAC). The officer can also observe the driver’s behavior and demeanor. Another option is to administer a series of field sobriety tests. There are three field sobriety tests that Ohio law enforcement officials typically use when assessing whether someone is driving under the influence: the one leg stand test (OLS), the horizontal gaze nystagmus test (HGN), and the walk and turn test (WAT). Each of these tests are meant to determine the level of mental and physical impairment that the driver may be suffering as a result of alcohol consumption. According to Ohio law, law enforcement must adhere to National Highway Transportation and Safety Administration laws when administering the tests, which involves providing clear instructions on how to perform each test and a demonstration to show the individual how the test works.

The HGN assesses movements in the eye to determine whether the individual has consumed alcohol. The officer will look for an involuntary jerking as the individual is asked to look from one side to the other without moving his or her head, typically while following the officer’s finger or pen. The officer must hold the pen or finger roughly 12-15 inches from the individua’s face and make 14 passes to assess the presence of involuntary jerking.

The WAT test involves asking the individual to walk along a straight line with his or her arms at his or her side while placing each foot heel-to-toe. The officer will position the individual at the start of the test and provide a verbal cue to begin walking. The individual will typically be asked to take nine steps before turning. During the turn, the individual must keep the front foot on the line and turn by taking a series of smaller steps with the other foot.

The OLS test requires the individual to raise either leg roughly six inches off the ground while keeping the raised foot parallel to the ground. Both arms must be held straight at the individual’s side. The individual will then be asked to count out loud while holding this physical position without looking at his or her raised foot.