Field Sobriety Tests in New Castle

Ohio authorities utilize Standardized Field Sobriety Tests (SFST) to assess whether a driver may be under the influence. These standardized tests are a sequence of straightforward “tests” that were researched by the National Highway Safety Administration and standardized for law enforcement officers to use. The initial versions of these tests were developed in the 1970s and further studied throughout the 1980s.

Below is a breakdown of the most frequently administered Field Sobriety Tests:

• Horizontal Gaze Nystagmus Test: The officer instructs you to follow an object, like a pen, using only your eyes, keeping your head still.
• One-Legged Stand Test: You will be asked to stand on one leg, raising the other foot approximately six inches off the ground, and count aloud. The officer times this for 30 seconds to observe your balance and ability to count accurately. A skilled New Castle DUI lawyer can challenge the administration of this test.
• Walk and Turn Test: The officer directs you to walk heel-to-toe along a straight line, such as the white line on the road, for a set number of steps, then turn and repeat the process back to the start.

It’s crucial to understand that even sober and able-bodied individuals can find Field Sobriety Tests challenging. Factors like a disability, illness, injury, or being overweight can prevent someone from successfully performing these tasks, making them appear impaired when they are not. Road surfaces, particularly at the shoulder where the white line is, are often uneven. Moreover, not all officers conduct these tests correctly, an issue a qualified New Castle criminal lawyer can investigate.

You are not legally obligated to perform a field sobriety test. You have the right to refuse to take them.

Chemical Testing in Ohio and Implied Consent

“Chemical testing” refers to any blood, breath, or urine analysis used by law enforcement to establish if an individual is driving under the influence (DUI). It’s a critical area of expertise for any experienced New Castle DUI lawyer.

“Implied consent” is a legal concept indicating that by accepting your driver’s license, you automatically agreed to undergo chemical testing when requested by a police officer.

During a traffic stop where an officer suspects you are impaired, they may ask you to blow into a portable breath analysis machine. This device is known as a preliminary breath test, a roadside breath test, or a breathalyzer. You might be asked to take a breathalyzer test whether or not you have performed field sobriety tests. Working with a New Castle criminal lawyer can help you navigate this complex situation.

If the breathalyzer shows your blood alcohol content is above the legal limit, you will be arrested for OVI. The good news for your case is that these portable breath tests are often unreliable and inaccurate, and prosecutors are typically not permitted to use their results in court.

There are no legal penalties for refusing a roadside breathalyzer test, just as there are no consequences for declining field sobriety tests. However, refusing these tests will not prevent an officer from arresting you if they have other reasons to believe you are intoxicated. This is a crucial point that a New Castle DUI lawyer will clarify.

The repercussions for refusal begin when you do not consent to a formal chemical test (blood, breath, or urine) after an arrest. This is where implied consent becomes a factor. While you can refuse, doing so leads to other charges. For a breath test refusal, you could face both civil and criminal penalties separate from the OVI charge. If you refuse a blood test, you might face civil penalties but not additional criminal ones. A New Castle criminal lawyer can provide guidance on the specific consequences.

If you have been arrested for drunk driving and provided a blood, urine, or breath sample, it is vital to contact a lawyer immediately.

Sean Logue and the Youngstown Criminal Law Group are attorneys with extensive training in OVI laws, defense strategies, and arrest procedures. They have successfully handled hundreds of cases, applying their tenacity and dedication to each one, often resulting in reduced or dismissed charges. As your New Castle criminal lawyer, they will fight for the best possible outcome.

For a free initial consultation, call (330) 992-3036 at any time, day or night. Let a dedicated lawyer review your case.