Clue Counting
Clue Counting in Ohio OVI Cases
Clue counting is how field sobriety tests are turned into numbers that can be repeated later.
It sounds objective. It is not.
The concept is simple. Officers are trained to watch for certain behaviors during field sobriety tests and label them as “clues.” Once enough clues are claimed, the test is said to be failed. That label then gets treated as evidence of impairment, even though it is built almost entirely on subjective observation.
Once a number is written down, it tends to stick.
What Clue Counting Is Supposed to Accomplish
Clue counting comes from NHTSA training materials. Each test has a set of behaviors the officer is instructed to look for. In theory, this creates a standardized process.
In practice, the officer decides what counts.
The officer decides whether a movement was noticeable enough, whether it lasted long enough, whether it happened once or more than once, and whether it happened at all. Those decisions are rarely neutral, especially during a roadside stop that is already moving toward an arrest.
That discretion is the foundation of clue counting.
Why Clue Counting Breaks Down in the Real World
Clue counting assumes ideal conditions and careful observation. That is almost never what exists during an OVI stop.
Instructions are often rushed. Demonstrations are inconsistent. Lighting is poor. The officer is watching traffic, listening to the driver, managing the scene, and trying to remember scoring criteria at the same time.
Small movements get exaggerated. Hesitation becomes a clue. Balance adjustments become evidence.
Once the test is over, those observations are reduced to a number, stripped of context, and written into a report.
The Problem With Turning Movement Into a Number
Not all movements mean the same thing. Not all mistakes mean impairment.
But clue counting treats them that way.
A brief sway and a clear loss of balance are often counted equally. A moment of confusion can carry the same weight as stepping off the line. The context disappears, and the number remains.
That flattening of nuance is one of the most misleading aspects of field sobriety testing.
How Clue Counts Are Used Later
Clue counts show up everywhere in an OVI case. They appear in reports, testimony, and arguments about probable cause. They are often repeated without explanation, as if the number itself proves something.
It does not.
What matters is how those clues were identified, whether they are supported by video, and whether the test was administered correctly in the first place. When those questions are asked carefully, the strength of the state’s case often looks very different.
How This Fits Into an OVI Case
Clue counting is not proof of impairment. It is one part of a larger story.
When it is treated as decisive, it can distort how a case is evaluated. A proper review looks past the number and focuses on what actually happened during the test, not just how it was later summarized.
That review often changes the direction of a case.
Talking Through What Was Counted
Most people leave an OVI stop believing they “failed” field sobriety tests without ever being told what that actually means.
A conversation allows us to walk through what the officer counted, what the video shows, and whether those conclusions are supported. That clarity makes it easier to understand where you stand and what actually matters going forward.
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