Ohio law enforcement personnel use two sets of tests to make arrests and bring charges for operating a vehicle while intoxicated (OVI):
- Field Sobriety Tests—usually a combination of eye movement tracking, walking a straight line, and standing on one leg
- Breath, Blood, and Urine Tests—collecting samples for analysis
Most people suspected of driving under the influence of drugs or alcohol have a legal right to decline requests to perform field sobriety tests and to provide samples for lab testing. Exercising those rights can have consequences, however. Continue reading
You have the right to remain silent.
You have the right to protect yourself from providing evidence that may incriminate you.
Taken together, these constitutional protections give you the right to refuse to perform field sobriety tests and to decline requests to provide breath, blood, and urine samples while in custody for suspicion of driving under the influence. A few restrictions on exercising your right to refuse chemical alcohol and drug testing exist under Ohio law, but you can always raise legal challenges to how such assessments were performed and analyzed with the help of an Ohio sobriety test attorney. Continue reading
Combinations of field sobriety tests and chemical tests for alcohol and drugs are used to make arrests and secure convictions for operating a vehicle while impaired (OVI). Each set of assessments have reliability issues. A skilled Delaware, Ohio, OVI attorney will know how to probe those weaknesses while mounting a defense against a drunk or drugged driving charge.
When a law enforcement official stops a driver for suspicion of driving under the influence, he or she will ask the suspect to perform several tasks. Refusing the request is within the suspect’s rights, but doing so will likely result in an arrest and administrative license suspension. Continue reading
All three of the standard field sobriety tests an officer in Ohio will administer are subject to human interpretation, and therefore subjective in nature and open to human error. In addition to possible errors in interpretation of the tests, there are a number of variables that could impact how well you perform the tests which have nothing to do with whether you have been drinking or not. Continue reading