How Ohio Field Sobriety Tests Lead to DUI Arrests Even When Drivers Are Sober

A traffic stop for suspected drunk driving can escalate quickly, especially when an officer asks you to step out of the car for field sobriety testing. Many Ohio drivers do not realize how subjective these tests are or how often sober people fail them. At Patrick M. Farrell Co. L.P.A., our Cleveland criminal defense lawyers represent drivers throughout Cuyahoga County and Northeast Ohio who were arrested for OVI based on flawed or improperly administered field sobriety tests. Understanding how these tests work and why they are unreliable is the first step toward protecting your rights.

Field sobriety tests play a major role in OVI investigations, but their accuracy depends entirely on correct administration and objective observation. Unfortunately, that does not always happen during roadside encounters.

What Are Field Sobriety Tests and Why Do They Matter?

Field sobriety tests, often referred to as FSTs, are physical and cognitive assessments designed to help officers determine whether a driver is impaired. These tests often occur before any chemical test is administered. The results can heavily influence whether an officer decides to arrest you, even if you are completely sober.

Ohio officers rely primarily on three tests standardized by the National Highway Traffic Safety Administration: the Horizontal Gaze Nystagmus, the Walk and Turn, and the One Leg Stand. The problem is that these tests are not foolproof, and even highly trained officers can administer them incorrectly.

The Three Standardized Field Sobriety Tests in Ohio

1. Horizontal Gaze Nystagmus (HGN)

The Horizontal Gaze Nystagmus (HGN) test involves tracking an object with your eyes while the officer looks for involuntary jerking movements. These movements may indicate impairment, but they can also be caused by fatigue, vision issues, medical conditions, or improper administration.

Key takeaway: HGN is only reliable when performed exactly as NHTSA requires, and deviations can invalidate the results.

2. Walk and Turn

This divided attention test requires a driver to walk nine heel-to-toe steps, turn carefully, and walk back. Officers look for signs such as stepping off the line, losing balance, not touching heel-to-toe, or starting before being instructed.

Environmental factors like uneven pavement, poor lighting, or cold weather can cause sober drivers to fail this test.

3. One Leg Stand

Drivers are instructed to lift one foot six inches off the ground while counting aloud. Officers watch for swaying, using arms for balance, hopping, or putting the foot down.

Age, health issues, injuries, and nerves can all impact performance, especially for drivers over 60 or those with back, knee, or ankle problems.

Non-Standardized Tests Are Even Less Reliable

Some officers also use tests not validated by NHTSA, including:

• Reciting the alphabet
• Counting backward
• Touching the tip of your nose
• Estimating time with eyes closed

Because these tests lack scientific validation, they are highly susceptible to challenge during cross-examination and pretrial motions.

Can You Fail a Field Sobriety Test Even if You Are Sober?

Absolutely. Many sober drivers fail field sobriety tests throughout Ohio. Common causes include:

• Anxiety or nerves during a police encounter
• Inner ear disorders affecting balance
• Fatigue from work or long drives
• Cold temperatures or slippery ground
• Poor footwear
• Language barriers
• Misunderstanding the instructions
• Medical conditions such as vertigo, neuropathy, or joint issues

In fact, studies show that when officers deviate even slightly from NHTSA protocol, FST accuracy drops sharply. Our Cleveland drunk driving defense lawyers regularly uncover these mistakes during discovery and pretrial hearings.

How Field Sobriety Test Results Lead to Arrests

After a driver completes roadside testing, officers combine their observations with other factors such as:

• Odor of alcohol
• Speech patterns
• Eye appearance
• Driving behavior
• Admission of drinking

Based on this, they decide whether to arrest the driver and proceed to chemical testing. Once the arrest occurs, the case formally enters the criminal process.

What Happens After a Field Sobriety Test Arrest in Cleveland?

If officers believe you failed field sobriety tests, the next steps typically include:

• Transport to the station for a breath, blood, or urine test
• Formal OVI charges under O.R.C. § 4511.19
• Arraignment in Cleveland Municipal Court or Cuyahoga County Common Pleas Court
• Immediate license suspension under Ohio’s administrative procedures

Understanding these steps can help you protect your rights moving forward.

Penalties for OVI in Ohio

Even a first OVI conviction can lead to:

• Three to six days in jail or a Driver Intervention Program
• Fines of $375 to $1,075
• License suspension up to three years
• Ignition interlock device requirements
• Points on your driving record
• Dramatic increases in insurance costs

Penalties increase significantly with prior convictions, high BAC levels, or aggravating circumstances.

Should You Refuse Field Sobriety Tests?

Ohio law does not require drivers to take field sobriety tests. You can legally decline them. Still, officers may arrest you based on other observations.

You cannot legally refuse a chemical test without facing administrative penalties, but refusing field sobriety tests may reduce the evidence used against you in court.

How We Challenge Field Sobriety Tests in Court

The legal team at Patrick M. Farrell Co. L.P.A. challenges field sobriety test evidence by examining:

• Whether officers were properly trained
• Whether roads were level and conditions were safe
• Whether medical conditions interfered with performance
• Whether instructions were clear and complete
• Whether NHTSA standards were followed

We also analyze body cam footage, dash cam videos, and all officer documentation to uncover inconsistencies or violations of procedure.

If you are looking for a field sobriety test lawyer near me, our Cleveland OVI defense lawyers can begin protecting your case immediately.

A Failed Field Sobriety Test Does Not Equal Guilt

Failing a field sobriety test is not the same as being legally impaired. Errors, medical issues, and improper administration can all lead to unjust OVI arrests. At Patrick M. Farrell Co. L.P.A., we defend drivers in Cleveland, Lakewood, and across Northeast Ohio who are facing charges based on unreliable roadside testing. We work to suppress flawed test results, challenge the legality of the stop, and present evidence that supports your innocence.

If you’ve been arrested in Cleveland, Lakewood, or anywhere in Northeast Ohio, don’t wait. Call Patrick M. Farrell Co. L.P.A. at (216) 661-5050 or request a free consultation now. Your defense starts with proving the roadside tests never told the whole story.

Text or Call: (216) 661-5050 • Contact: Submit a Request • Email: cindy@patfarrelllaw.com

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