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
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!