View Our Practice Areas

Roadside OVI tests are not the best gauge of intoxication

OVI cases are among the most disputed out of all criminal cases. One Ohio woman has taken her OVI case all the way to the state's Supreme Court to try to get it overruled. 

After pulling you over on suspicion of operating a vehicle while intoxicated, the police are likely to administer field sobriety tests to see if you are under the influence of alcohol. The problem with this is that these tests are set up for failure. The most common tests are the horizontal gaze nystagmus test, one leg stand test and the walk-and-turn test. Based on how the officer conducts these tests, you may be able to get a judge to throw out your OVI case.

The officer looks for any reason to arrest you

Field sobriety tests are not scientific. The purpose is for police to find any reason to suspect you are under the influence and to give the officer a reason to place you under arrest. For example, for the walk-and-turn test, you may receive instructions to take nine steps, but you accidentally take 10. The officer could use this as a reason to arrest you.

Outside forces affect the results

There is a variety of reasons why a person would fail one of these tests. The police may administer the test on an uneven road surface, throwing off the results. Additionally, the weather may be extremely windy at the moment, throwing you off your balance. It is also possible the officer did not do a sufficient job explaining how to do the test. 

You have a medical condition

Individuals with inner ear, leg or back problems may not be able to carry out the test adequately. If you have one of these conditions, you should inform the officer of the problem. It is also vital to remember that being diabetic can throw off the results of a breath test in some circumstances. 

No Comments

Leave a comment
Comment Information

Strong legal advocates for residents throughout the Dayton area.

Contact The Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

Office Locations

West Chester Office
9100 West Chester Towne Centre Drive
Suite 210
West Chester, OH 45069

Phone: 937-401-2526
Map & Directions

Dayton Office
40 N. Main Street, Suite 1900
Dayton, OH 45423

Phone: 937-401-2526
Dayton Law Office Map