4 Ohio Field Sobriety Tests That Lead to DUI Arrests (Even If You’re Sober)

On Behalf of Patrick M. Farrell Co L.P.A.
August 4, 2025
Drunk Driving

Being pulled over for suspected drunk driving can be intimidating—especially if you’re sober and still asked to perform a field sobriety test. At Patrick M. Farrell Co. L.P.A., our Cleveland criminal defense team has helped countless drivers protect their rights after field sobriety test results led to DUI/OVI arrests. If you've been charged after a roadside stop in Cleveland, Cuyahoga County, and Northeast Ohio, here's what you need to know—and how we can help.

What Is a Field Sobriety Test?

Field sobriety tests (FSTs) are roadside assessments used by law enforcement to help determine whether a driver is impaired. Officers look for signs like poor coordination, lack of balance, and inability to follow instructions. These tests are often a precursor to breath or chemical testing.

The National Highway Traffic Safety Administration (NHTSA) recognizes three Standardized Field Sobriety Tests (SFSTs):

1. Horizontal Gaze Nystagmus (HGN) Test

This eye-tracking test checks for involuntary jerking of the eyeballs—a phenomenon called nystagmus that can worsen under alcohol or drug influence.

  • The officer moves an object (like a pen or finger) slowly from side to side.
  • They watch to see:
    • If the eyes jerk distinctly at maximum deviation
    • If the jerking starts before the eyes reach a 45-degree angle
    • If the eyes move smoothly or not

Legal Tip: According to NHTSA research, this test is about 77% accurate in detecting a BAC of 0.10 or higher—but only when administered correctly by a trained officer.

2. Walk-and-Turn Test

This divided attention test challenges the driver's ability to follow directions while performing a physical task.

  • You're asked to walk nine heel-to-toe steps along a straight line, turn, and return the same way.
  • Officers watch for signs like:
    • Beginning before instructions are completed
    • Losing balance while turning
    • Not touching heel-to-toe
    • Using arms to maintain balance

Legal Tip: Two or more of these indicators suggest a 68% chance of a BAC over 0.10, per NHTSA.

3. One-Leg Stand Test

You must stand with one foot about six inches off the ground while counting out loud (“one thousand one, one thousand two...”).

  • Officers observe for:
    • Swaying
    • Hopping to balance
    • Using arms
    • Putting your foot down early

Legal Tip: Showing two or more signs of impairment may lead to arrest, even if you're not actually intoxicated.

4. Non-Standardized Field Sobriety Tests

Some officers may also use unofficial tests such as:

  • Reciting the alphabet
  • Counting backward
  • Touching your nose

These are not standardized by NHTSA and are subject to greater legal challenge in court.

Can You Fail a Field Sobriety Test While Sober?

Yes—and it happens more often than you think.

Innocent factors that can cause FST failure include:

  • Physical disabilities or medical conditions (inner ear problems, joint issues, neurological disorders)
  • Age-related balance decline
  • Fatigue or anxiety
  • Uneven road surfaces or poor weather
  • Language barriers or misunderstanding officer instructions

If you believe your arrest was based on a flawed field test, you may have a valid legal defense.

What Happens After a DUI/OVI Arrest in Cleveland?

If you’re arrested based on a failed field sobriety test, here's what typically follows:

  1. Transport to the station for chemical testing (breath, blood, or urine)
  2. Charges filed for OVI/DUI under Ohio Revised Code § 4511.19
  3. Arraignment in Cleveland Municipal Court or Cuyahoga County Common Pleas Court
  4. License suspension and possible jail time depending on prior offenses

What Are the Penalties for DUI/OVI in Ohio?

Even a first-time offense in Cuyahoga County can result in:

  • Mandatory jail time (3 days to 6 months)
  • License suspension (1 to 3 years)
  • Fines of $375 to $1,075
  • Installation of an ignition interlock device
  • Points on your driver’s license
  • Higher insurance premiums

These penalties increase significantly for repeat offenses, high BAC levels, or aggravating circumstances (e.g., an accident or child in the car).

Should You Refuse a Field Sobriety Test in Ohio?

You can legally refuse field sobriety tests in Ohio. However:

  • You may still be arrested based on officer suspicion
  • You cannot legally refuse a chemical BAC test without risking automatic license suspension under Ohio’s implied consent law

Important: Refusing an FST won’t automatically protect you from charges—but it can limit the evidence against you.

Facing DUI Charges in Cleveland? Get Experienced Legal Help Now

Whether you were tired, nervous, or wrongly accused, we’re here to fight for you. Our team knows how to challenge flawed roadside procedures and protect your rights. At Patrick M. Farrell Co. L.P.A., we’ve helped countless clients across Northeast Ohio fight unjust DUI charges. Call or text Patrick M. Farrell Co. L.P.A. at (216) 661-5050 now for a free, confidential consultation with an experienced Cleveland drunk driving defense lawyer. You can also fill out our secure online form—your information stays confidential, and an attorney from our trusted legal team will follow up shortly. 

Why Choose Patrick M. Farrell Co. L.P.A.?

At Patrick M. Farrell Co. L.P.A., we prioritize your rights and freedom. Our experienced team is dedicated to providing you with personalized defense strategies that yield results.