Fact-Checked: Why Trust Rittgers Rittgers & Nakajima Being asked to walk a straight line, stand on one leg or follow an officer’s finger with your eyes can put you in an uncomfortable position during a traffic stop. Before you agree to perform these field sobriety tests, it helps to understand what Ohio law requires and what choices you have.
Knowing the right to decline
Ohio drivers may decline field sobriety tests, including the walk-and-turn, one-leg stand and eye test. Refusing these roadside tests does not automatically suspend your license. However, an officer may consider the refusal along with other signs of impairment when deciding whether to arrest you for operating a vehicle under the influence (OVI).
That right to decline does not extend in the same way to chemical testing after an arrest. The state’s implied consent law treats drivers as having agreed to a designated blood, breath, oral fluid or urine test. Refusing the required chemical test can result in an immediate administrative license suspension separate from the criminal OVI case.
Considering reasons to refuse
Field sobriety tests assess physical coordination, eye movement and the ability to follow instructions rather than directly measuring alcohol concentration. Other factors that may affect your performance include:
- A health issue, injury or disability that affects balance or movement
- Uneven pavement, poor lighting or passing traffic at the test site
- Fatigue, age or footwear that can make steady walking more difficult
Those circumstances can become important if an officer relies on your performance as evidence of impairment. Ohio law allows the prosecution to introduce field sobriety test results when it proves by clear and convincing evidence that the officer administered them in substantial compliance with recognized testing standards.
Recognizing what refusal does not prevent
Refusing field sobriety tests does not prevent an officer from making an OVI arrest. Other observations, such as erratic driving, slurred speech or the odor of alcohol, may still provide enough evidence to establish probable cause. Ohio courts have also allowed prosecutors to use a driver’s refusal as evidence at trial.
Another practical concern is that officers do not have to tell you that you may decline field sobriety tests before requesting them. As a result, you may agree to participate without realizing that you have a choice.
Building your defense afterward
After a refusal, the defense can review the stop, the officer’s observations and the other evidence supporting the OVI charge. If the officer unlawfully stopped or detained you, the defense may seek to suppress evidence obtained as a result.
Dashcam or body-camera footage can also show what happened during the encounter. Differences between the footage and the officer’s report may help challenge claims of impairment. Without field sobriety test results, the prosecution must rely on the remaining evidence to prove the charge.