Field Sobriety Tests in Ohio

Field sobriety tests are physical and cognitive exercises used by Ohio police officers during OVI investigations. The purpose of these tests is to help an officer determine whether there is probable cause to arrest a driver for operating a vehicle under the influence of alcohol or drugs. Although many people believe they are required to perform these tests, the truth is simple. Field sobriety tests are voluntary in Ohio. Refusing them is not a crime.

An officer must have reasonable articulable suspicion of impairment before requesting field sobriety tests. In other words, by the time you are asked to perform them, the officer has likely already decided you are impaired and is gathering evidence to justify arrest.

This article explains how the tests work, what officers look for, how Ohio courts treat them, and what happens when a driver agrees or refuses to perform them.

Purpose of Field Sobriety Testing

The goal of field sobriety testing is to help officers make decisions during roadside investigations. Officers use these tests to evaluate balance, coordination, divided attention, and basic neurological responses that may indicate impairment. The results can contribute to an officer’s decision about whether there is probable cause to make an OVI arrest.

Drivers often feel pressured when asked to exit the vehicle and perform these tasks. However, officers may only request field sobriety testing if they already have reasonable suspicion that the driver may be impaired based on specific, articulable observations.

Legal Framework and Test Requirements

Ohio courts rely on the National Highway Traffic Safety Administration’s standardized field sobriety testing guidelines. These guidelines describe how the tests should be instructed and performed in order to be considered reliable indicators of impairment.

For the results to be admitted into evidence, the officer must substantially comply with the NHTSA testing procedures. Substantial compliance does not require perfect accuracy, but major deviations can lead the judge to exclude the test entirely. Smaller deviations may not prevent admission, but they can still be used by the defense to challenge credibility during cross examination.

Once the evidence is admitted, the fact finder decides how much weight to give it. In a jury trial, the jury evaluates whether the officer performed the test correctly and whether the results should be trusted. In a bench trial, the judge performs that role.

Ohio law also allows officers to testify about their general observations during these tests even when the test is not standardized or validated.

The Three Standardized Field Sobriety Tests

There are three tests that NHTSA officially recognizes as standardized. These are the only tests that have been scientifically validated through controlled studies.

1. Horizontal Gaze Nystagmus (“HGN”)

This is the eye test where the officer tracks the movement of the driver’s eyes as they follow an object. During the test, the officer moves the object slowly from side to side while watching for involuntary jerking movements of your eyes. Nystagmus is the medical term for these involuntary eye movements, which can become more pronounced when someone is impaired by alcohol. Officers are trained to look for three specific clues in each eye during this test. HGN has the strongest research support, but only when it is administered correctly and under proper conditions.

2. Walk and Turn Test

This is a divided attention test that requires a driver to walk heel to toe on a straight line while following specific instructions. Before beginning, the officer should demonstrate the test and give clear instructions. During the Walk and Turn, the driver takes nine heel-to-toe steps along a straight line, turns around in a specific manner, and then takes nine heel-to-toe steps back. The officer watches for eight possible clues during the Walk and Turn test, which include having trouble keeping balance during the instructions, starting too soon, stopping while walking, missing heel to toe, stepping off the line, using arms for balance, making an improper turn, or taking the wrong number of steps.

3. One Leg Stand Test

This test requires the driver to stand on one leg and count aloud for approximately 30 seconds. During the test, the driver is expected to keep their arms at their sides and look down at their raised foot while counting. Officers look for four main clues during this test. Those main clues are swaying, hopping, putting the foot down, or using arms for balance. Age, weight, footwear, medical conditions, and environmental factors can all influence performance.

Non-Standard or Optional Tests

Many Ohio officers use additional tests that are not part of the standardized NHTSA tests. These include:

• Finger to nose

• Romberg balance test

• Counting tasks

• ABC or partial alphabet tests

• Hand pat test

• Internal clock estimation

• Vertical gaze nystagmus checks

• Any other balancing or cognitive tasks an officer chooses to use

These tests are permitted, but they are not scientifically validated and are not treated as reliable indicators of impairment. Ohio courts allow officers to describe what they observed, but the evidentiary value of these tests is lower and much easier for defense attorneys to challenge.

Accuracy, Reliability, and Common Issues

Even when officers follow the NHTSA manual, many conditions can affect field sobriety test results. These include:

• Footwear

• Weather and temperature

• Road surface conditions

• Age and physical fitness

• Medical limitations

• Anxiety and stress

• Injuries or dizziness

• Poor instructions or unclear demonstrations

Because the tests rely heavily on subjective interpretation, two officers observing the same performance may reach different conclusions.

Refusing Field Sobriety Tests

Ohio drivers have the right to decline field sobriety testing. It is not illegal to say no. However, refusal often leads to immediate arrest because the officer will rely on other observations to establish probable cause.

Once arrested, the officer will request a chemical breath, blood, or urine test. This is where Ohio’s implied consent law applies. Refusing chemical testing triggers an administrative license suspension. The details of those suspensions and whether refusal is advisable are covered in your separate articles on chemical testing and penalties.

If you refuse, you are drastically reducing the evidence the prosecution has to convict you. Because if the officer asked you to test, it means they were likely already planning an arrest. The test would only have provided the confirmation they and the prosecution need to obtain a conviction

Conclusion

Field sobriety tests are voluntary, imperfect, and often administered under stressful conditions. Understanding what they are, how they work, and how officers use them can help drivers make informed decisions during an OVI stop. If you or someone you know is facing an OVI charge or has questions about field sobriety testing, Harmony Law can provide clear guidance and experienced representation.