Field sobriety test results can and should be challenged by your DUI/OVI lawyer in Cincinnati when administered improperly, inconsistently, or inaccurately.
Standardized Field Sobriety Tests (“SFST”) are tests that are typically given roadside by a police officer after being stopped and investigated for a Cincinnati OVI. Keep in mind, these tests are VOLUNTARY and should NEVER be taken by you.
There are three tests that are administered under the National Highway Traffic Safety Administration (“NHTSA”). Those tests are: the Horizontal Gaze Nystagmus (“HGN”), the One Legged Stand (“OLS”) and the Walk and Turn (“W&T”).
Theses tests can only be admitted into evidence in the State’s case if the tests were administered in “substantial compliance” with the NHTSA manual. If the arresting officer failed to administer the tests in substantial compliance with the NHTSA manual, a court may rule that they cannot be considered in establishing probable cause to arrest you.
In the event that probable cause to arrest does not exist, the case will be dismissed because the evidence would be considered “fruit of the poisonous tree” as it is illegally obtained. (Click here for more information on a Motion to Suppress Evidence)
Mark Wieczorek is an experienced Cincinnati criminal defense attorney in NHTSA and has taken the exact same class as law enforcement officers in regards to the administration of the standardized field sobriety tests. He is able to assess the case and determine where the strengths and weaknesses lie in regards to the administration of the SFTS.