Can You Refuse a Field Sobriety Test?
Imagine being pulled over late at night, the flashing lights in your rearview mirror sending a wave of anxiety through you. Your heart races as the officer approaches, and suddenly you're facing questions about whether you've been drinking. It's a scary moment that can happen to anyone.
These situations can feel overwhelming, leaving you unsure of your rights and worried about what comes next. That's why knowing the facts about a field sobriety test matters so much; it can make all the difference in protecting yourself during a stop.
At K. Robert Toy Law Office, we assist clients across Ohio, including in Athens, Vinton, Jackson, Morgan, Washington, Meigs, Hocking, Fairfield, Perry, and Gallia counties. We focus on guiding people through these tough spots by providing clear advice and strong representation.
What Are Field Sobriety Tests?
Field sobriety tests, often called FSTs, serve as tools for law enforcement to assess if a driver might be impaired by alcohol or drugs. Officers use them during traffic stops to gather evidence before deciding on an arrest.
These tests aim to check coordination, balance, and attention, but they're not foolproof and can be influenced by factors like weather, road conditions, or a person's physical state.
The National Highway Traffic Safety Administration has standardized three main FSTs that officers in Ohio commonly administer. We'll break them down here to give you a better sense of what they involve.
Horizontal gaze nystagmus (HGN):
The officer asks you to follow a pen or a light with your eyes without moving your head.
They look for involuntary jerking of the eyes, which can indicate impairment.
This test happens while you're seated or standing, and it's meant to detect issues with eye movement.
Walk-and-turn (WAT):
You must walk nine steps heel-to-toe along a straight line, turn on one foot, and walk back.
Officers watch for stepping off the line, incorrect turns, or using arms for balance.
It's designed to test divided attention and physical control.
One-leg stand (OLS):
You raise one foot about six inches off the ground and count aloud until told to stop, usually for 30 seconds.
Signs of impairment include swaying, hopping, or putting the foot down early.
This evaluates balance and the ability to follow instructions.
While these tests provide officers with clues, many factors can lead to poor performance even if you're sober, such as anxiety, fatigue, or medical conditions like inner ear problems. That's why it's crucial to know they're optional in Ohio.
Your Rights During a Traffic Stop in Ohio
When an officer pulls you over, you have specific rights that protect you from unfair treatment. You must provide your license, registration, and proof of insurance if asked, but beyond that, you can choose how much to say or do.
Remaining polite and calm goes a long way, but you don't have to answer questions that might incriminate you. For instance, if the officer suspects impairment, they might ask if you've had anything to drink. You can politely decline to answer and ask if you're free to go.
You also have the right to refuse searches of your vehicle without a warrant, though officers can sometimes proceed under certain circumstances. Knowing these basics helps you stay in control during what can be a stressful encounter.
Can You Refuse a Field Sobriety Test?
Yes, in Ohio, you have the legal right to refuse a field sobriety test without facing automatic penalties like license suspension. Unlike some other states, Ohio's laws don't require you to take these roadside tests, and refusal alone isn't a crime.
Officers might pressure you by saying it's routine or implying cooperation will help, but remember, these tests are voluntary before an arrest.
That said, the decision depends on your situation. If you believe you'll pass easily, taking the test might clear things up quickly.
But if you're concerned about factors like uneven ground, poor lighting, or personal health issues affecting your performance, refusing could prevent giving the officer more reasons to arrest you. Always express your refusal respectfully to avoid escalating the stop.
Consequences of Refusing a Field Sobriety Test in Ohio
Refusing a field sobriety test doesn't trigger immediate legal punishments in Ohio, but it can still impact your case. Officers might arrest you based on other observations, such as the smell of alcohol, bloodshot eyes, or erratic driving. Once arrested, the situation shifts to chemical testing under the state's implied consent law.
If you refuse, prosecutors could argue in court that your refusal shows you knew you'd fail, which might influence a jury. However, an experienced attorney can counter this by highlighting that many innocent people refuse due to distrust in the tests' accuracy or awareness of their rights.
No automatic fines or suspensions apply just for skipping FSTs, unlike refusing a breath, blood, or urine test after arrest, which leads to a one-year license suspension for a first offense. In short, while refusal carries risks, it often limits the evidence against you, making it harder for the state to build a strong case.
When Might Refusing Be a Good Idea?
Deciding whether to refuse a field sobriety test isn't always straightforward, but certain scenarios make it a smarter choice.
If you've consumed any alcohol, even a small amount, the tests' subjectivity could work against you—studies show that even sober individuals fail about 20-30% of the time due to nerves or external factors. Medical conditions, like arthritis or balance disorders, can also lead to false positives.
On the flip side, if you're completely sober and confident, complying might resolve the stop faster. But many attorneys advise against taking FSTs in most cases because they primarily benefit the officer by providing potential evidence for an arrest. Weigh your comfort level and the circumstances before deciding.
Alternatives to Field Sobriety Tests and Chemical Testing
If you refuse FSTs, officers might turn to other methods to investigate impairment. Portable breath tests (PBTs) are common at the roadside, but like FSTs, they're voluntary in Ohio and inadmissible in court except to establish probable cause. Refusing a PBT won't lead to penalties, but it could prompt an arrest.
After arrest, chemical tests—breath, blood, or urine—come into play under implied consent. You agreed to these when you got your license, so refusal means an administrative license suspension (ALS) starting immediately.
For a first refusal, it's one year, with longer terms for repeats. These tests provide concrete BAC evidence, so if you're over the limit, results can hurt your case more than FSTs.
Challenging chemical test results or the ALS is possible with legal help, often by questioning the arrest's validity or the test's administration.
How a Lawyer Can Help If You're Facing Charges
If a traffic stop leads to an OVI charge—Ohio's term for DUI—a lawyer becomes essential. We at K. Robert Toy Law Office review the details of your stop, including whether officers followed proper procedures for FSTs or chemical tests. For example, if FSTs weren't administered correctly, we can argue to suppress that evidence.
We also handle ALS hearings to fight license suspensions and build defenses like improper stop reasons or medical explanations for test failures. Our goal is to protect your driving privileges and seek the best outcome, whether that's reduced charges or dismissal.
To dive deeper into the standardized tests, let's explore each one further, as knowing their flaws can inform your choices.
Officers rely on these three NHTSA-approved tests, but non-standardized ones, like reciting the alphabet backward, sometimes appear too. Here's a closer look at the standards.
Challenges with HGN:
Weather or bright lights can mimic nystagmus.
Certain medications cause similar eye movements.
Officers must be trained properly, or their results will be challenged in court.
Issues in walk-and-turn:
Uneven surfaces or high heels make it tough.
Age or weight can affect balance naturally.
Instructions must be clear; vague ones weaken the evidence.
Problems with one-leg stand:
Injuries or obesity often lead to failure.
Timing must be exact—officers sometimes cut it short.
Anxiety alone can cause swaying or unsteadiness.
These limitations show why FSTs aren't always reliable, and refusing them can prevent shaky evidence from stacking up against you. A lawyer can highlight these in your defense to question the arrest's basis.
Contact Experienced Legal Professionals
Facing questions about a field sobriety test or dealing with the aftermath of a refusal can leave you feeling isolated, but you don't have to handle it alone. At K. Robert Toy Law Office in Athens, Ohio, we stand ready to support clients throughout Ohio, including Athens, Vinton, Jackson, Morgan, Washington, Meigs, Hocking, Fairfield, Perry, and Gallia counties. Reach out to us today for a consultation.
