Category Archives: Field Tests (SFSTs)

Information on Standardized Field Sobriety Testing.

Tell Your Ohio OVI Attorney That You Are ADD/ADHD

OVI attorneyIf you are afflicted with adult ADD/ADHD make sure to raise the issue with your OVI Attorney.

To be diagnosed with ADD/ADHD, a person has to demonstrate an inability to complete divided-attention testing.  In 2009, the Centers for Disease Control reported that 9.5 percent of children in the United States had ADHD, up from the previous survey.  The trend has not gone unnoticed amongst the insurance industry who reported at the 162 annual meeting of theAmerican [Read the full post. . .]

Phase Two: The Personal Contact Phase

personal contact phaseAn officer’s decision to arrest for DUI involves three steps: observing the vehicle in motion, observing the driver during a personal contact phase, and administering field sobriety tests.  Evidence is collected at each stage.  If, after conducting all three phases, the officer believes probable cause exists that you are impaired, you will then be arrested.  Probable cause is a flexible, common-sense standard. It merely requires that the facts available to the officer would ‘warrant a man of reasonable caution [Read the full post. . .]

Standardized Field Sobriety Tests – An Infographic

standardized field sobriety tests

This info graphic describes the science behind the standardized field sobriety tests (spoiler alert: There isn’t much).  Field Sobriety Tests are commonly known as the roadside activities that police officers ask drivers to perform if the officer suspects that the driver is impaired by alcohol or another impairing substance. We call them “stupid human tricks.”  Contrary to popular understanding and belief, many of these tests have little basis in science, and the ones that do are frequently performed incorrectly.

You [Read the full post. . .]

The Ohio “Clear and Convincing Evidence” Standard

clear and convincing evidence

Clear and Convincing Evidence is required for the standardized field sobriety tests to be admitted. Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions.  See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007).  In order for the tests to be admissible, the State must demonstrate:

  1. By clear and convincing evidence.
  2. The Officer administered the tests in substantial compliance.
  3. The
[Read the full post. . .]

Changes To Ohio’s Field Sobriety Test Manual – Part One

field sobriety testOhio has adopted a new Field Sobriety Test manual as of 2013.  This post is part of a multi-article look at the Field Sobriety Test manual changes.

1. Let’s Change The Name

The first change to the Field Sobriety Test manual is the name.  Prior to this year the training class for law enforcement officers studying the Field Sobriety Test regimen was called A.D.A.P. (Alcohol and Drug Awareness Program) and used the National Highway Traffic Safety Administration “manual.”  The

[Read the full post. . .]