Field sobriety tests are not scientific. They are what police often use as a basis for a DUI arrest. A typical field sobriety test consists of standing on one leg for a count of 30 seconds, a horizontal gaze test, and a walk and turn test on a straight line. The police officer may tell you that you are required to take this test, but this is not true — only the chemical test is required, and that is only if you have been arrested.
The officer can use the results of your field sobriety test to make an arrest, requiring you to take the chemical test. And that is perhaps the most important thing anyone can know and understand. These tests are designed to prove the opposite. It works. Few people can complete FSTs without mistake, irrespective of the amount of alcohol they have consumed.
To be sure, alcohol makes it harder. Start with the premise that these are tests. Unlike most tests, however, the administrator police do not tell drivers how they are being graded.
Imagine sitting in high school and the teacher springs a test on the class. There is no notice of the subject of the test, how it is graded, or what happens upon failure.
That scenario hardly seems fair. But it happens all the time with FSTs. Police stop a driver and immediately administer tests. This typically results in handcuffs, a cruiser ride to the police station, and the awful choice whether to take a BAC. You have the right to appeal your ALS, but you only have a short time to act.
If you want us to help you through this process, give us a call as soon as possible after your arrest. We can request an appeals hearing on your behalf and present any available evidence to demonstrate why you do not deserve this suspension.
However, the Ohio Bureau of Motor Vehicles often upholds suspensions for refusal to take a breathalyzer test. You are eligible for LDPs after serving 30 days of your suspension. We can help you make your case for LDPs. Even if you receive LDPs, you still face the possibility of another suspension if the court finds you guilty of an OVI. When we accept your case, we launch a full investigation into exactly what happened before, during, and after your arrest.
Sometimes, this investigation uncovers evidence that the police officer did not have legal grounds to arrest you. Often this occurs because they pulled you over without reason. It could result in jail time , fines, the loss of your job, increased insurance rates, as well as many other hardships. Knowing your rights and the proper actions to take if you are being investigated for a DUI may help prevent years of negative fallout.
An OVI arrest begins with an initial traffic stop or other initial contact by a law enforcement officer. Upon first contact, the officer will begin observation to determine if there is suspicion of intoxication; including assessment of your physical appearance, engaging in conversation to evaluate your speech and identify other behavioral information such as where you are coming from and if you had been drinking. It is important to remember to be cooperative, but you are NOT required to make any statements to the officer, and you should fully exercise that right.
Investigation by the officer begins with initial contact, but if you are asked to perform a series of roadside tests, you are officially being investigated for a DUI.
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