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DUI / OVI
 
 

Field Sobriety Testing

We discourage motorists from submitting to these tests for many reasons. First, the most accurate FST can only predict impairment at a reliability rate of just 77%! The pen in front of the eye test is called the Horizontal Gaze Nystagmus test or HGN. This test is designed for emergency room doctors to diagnose head injuries, not for police officers to check for alcohol impairment along side a freeway. There is scientific literature to support the proposition that alcohol can cause the eyeballs to "bounce" or move like a marble over sandpaper if a motorist has a BAC of .100 or greater. However, there are dozens of reasons OTHER than alcohol as to why an eyeball may be "bouncy" or "jumpy".

The other two FST's are called the One-Legged Stand (OLS) and the Walk-and-Turn (WAT). The OLS has a reliability rate of just 65% and the WAT has a reliability rate of only 68%! With these margins of error, it is highly recommended not to submit to field sobriety testing. In fact, Ohio does not sanction the refusal to do these tests. BEWARE: FAILURE TO DO THESE ROADSIDE TESTS WILL CERTAINLY RESULT IN YOUR ARREST FOR DUI!! ASSESS YOUR OWN SITUATION IF ASKED TO DO THESE TESTS AND MAKE YOUR OWN DECISION.

The DUI Defense attorneys will immediately evaluate the OFFICER'S performance on the FST's. In other words, we will re-create each and every step, word, and action of the arresting officer in the instruction, administration, evaluation, and scoring of the field sobriety tests.

When deciding who to hire as a DUI defense attorney, it is crucial that your attorney be extremely well-versed in the testing procedures!


 
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