Tag: ovi law

supreme court

Supreme Court To Decide DUI Cases

00DUI Case LawTags: , , , , , , , ,

In a follow-up to its recent decision in Missouri v. McNeely, the Supreme Court agreed to decide whether a blood or breath test for drunk driving can be made without a search warrant and whether, if there is no warrant, an individual can be charged with a crime for refusing to take such a test.

As in Ohio, North Dakota, state laws bars a person from driving in the state if he or she refuses to submit to a chemical test, of blood, breath or urine, to determine alcohol concentration. It makes refusal to take such a test open to prosecution for a crime that carries the same punishment as a conviction for drunk-driving. In Minnesota, state law makes it a crime to refuse an officer’s request to take a chemical test for alcohol in the blood, if the individual has been validly arrested for drunk driving. The two cases involve either a blood or breath test.

The drunk-driving cases provide the Court with something of a sequel to its ruling in 2013 in Missouri v. McNeely, which left the clear impression that, if police have enough time, they should get a warrant before taking a test of a suspected drunk driver. The Court ruled that the natural dissipation of alcohol in the bloodstream does not always amount to an emergency situation that permits a DUI test without a warrant.

Stay tuned to this page for more on DUI cases that can have a major impact on your case and your life.

Are DUI Laws A Sophisticated Form Of Gaslighting?

00DUI Case LawTags: , , , , , , , , , , , ,

dui lawsHow does “gaslighting” relate to Ohio DUI laws?

In the 1944 film Gaslight, Ingrid Bergman’s character  Paula Alquist Anton meets and marries the charming Gregory Anton played by Charles Boyer.  The husband does everything in his power to isolate his wife from other people. He allows her neither to go out nor to have visitors, implying that he is doing so for her own good, because her nerves have been acting up, causing her to become a kleptomaniac and to imagine things that are not real. On the one occasion when he does take her out to a musical gathering at a friend’s house, he shows Paula his watch chain, from which his watch has mysteriously disappeared. When he finds it in her handbag, she becomes hysterical, and Gregory takes her home. She sees why she should not go out in public.  We learn that these events have been part of a sophisticated manipulation by Gregory .  In the film’s dénouement the wife’s sanity is returned when a police detective confirms her belief that the gaslights are indeed flickering.  It is from this scene that we get the psychological term “gaslighting” which“is a form of mental abuse in which false information is presented with the intent of making victims doubt their own memoryperception, and sanity.” Dorpat, T.L. (1994). “On the double whammy and gaslighting”Psychoanalysis & Psychotherapy 11 (1): 91–96.  Instances may range simply from the denial by an abuser that previous abusive incidents ever occurred, up to the staging of bizarre events by the abuser with the intention of disorienting the victim.

Why do I maintain that neo-prohibitionists, their corporate backers and their government supporters are engaged in gaslighting when it comes to DUI laws?

Ohio has declared WAR on drunk drivers.  This must mean that drunk driving is more pervasive than ever, right?  This is simply not the case.  We have made massive strides in combatting the problem.  Alcohol-related traffic fatalities have dropped from 60% of all traffic deaths in 1982 down to 31% in 2010. National Highway Traffic Safety Administration (NHTSA). 2010 Motor Vehicle Crashes: Overview. Traffic Safety Facts: Research Note. 2011 (December). DOT HS 811 552. Page 2, Table 3.   Alcohol-related traffic fatalities per vehicle miles driven have also dropped dramatically — from 1.64 deaths per 100 million miles traveled in 1982 down to 0.45 in 2006 (the latest year for which such statistics are available). National Highway Traffic Safety Administration. 2006 Traffic Safety Annual Assessment: Alcohol-Related Fatalities. Traffic Safety Facts: Research Note. 2007. DOT HS 810 821. Page 1, Figure 1.  The proportion of alcohol-related crash fatalities has fallen 52% since 1982, but the proportion of traffic deaths NOT associated with alcohol has jumped 78% during the same time.  These number are not presented to demonstrate that drunk driving is not a national problem – it is.  The numbers are not meant to mitigate the immeasurable pain of a totally preventable drunk driving tragedy, but to ask whether or not implementing a policy of ever increasing penalties will help stop the problem.  It can be argued that we are winning the battle against alcohol-related traffic deaths.  National Highway Traffic Safety Administration (NHTSA). 2010 Motor Vehicle Crashes: Overview. Traffic Safety Facts: Research Note. 2011 (December). DOT HS 811 552. Page 2, Table 3; National Highway Traffic Safety Administration (NHTSA). Traffic Fatalities in 2010 Drop to Lowest Rate in Recorded History. NHTSA Press Release. April 1, 2011.

The general public has also been led to believe that longer and longer jail sentences are effective in combatting drunk drivers.  Despite the popularity and political expediency of ratcheting up jail time, research suggests that jail or prison sentences for alcohol offenses appear to be of little value in deterring high BAC drivers.  Compton, R. Preliminary analysis of the effect of Tennessee’s mandatory jail sanction on DWI recidivism. Research Notes. 1986 (June) Washington, D.C.: National Highway Traffic Safety Administration; Homel, R. Policing and Punishing the Drinking Driver: A Study of General and Specific Deterrence. NY: Springer Verlag, 1988; Joksch, H.C. The Impact of Severe Penalties on Drinking and Driving. Washington, D.C.: AAA Foundation for Traffic Safety, 1988; Ross, H.L., and Klette, H. (1995). Abandonment of mandatory jail for impaired drivers in Norway and Sweden. Accident Analysis and Prevention, 1995, 27(2),151-157 as cited by Dr. David J. Hanson, Alcohol Problems and Solutions. Research suggest that the cry for larger and larger fines is also an ineffective policy.  In fact, large fines appear have little deterrent effect, according to research. Lawpoolski, S., et al. Speeding Tickets: Effective Deterrents for  Future Violations or Not? Apaer presented at TRB annual meeting, 2006.

We have been manipulated to believe that all drunk drivers are the same and that they pose the same threat level.  In fact, some have gone as far as saying every drunk driver should be charged with attempted murder. Ozy Editors, Does DUI = Attempted Murder?, Sept. 2013. The fact is that we know the average BAC among fatally injured drinking drivers is .16. National Highway Traffic Safety Administration (NHTSA). Performance Measures. NHTSA Budget Overview FY 2007. Washington, DC: National Highway Traffic Safety Administration, 2007.  High BAC drivers tend to be male, aged 25-35, and have a history of DWI convictions and polydrug abuse. Hedlund, James and James Fell. Repeat Offenders and Persistent Drinking Drivers in the U.S..Washington, DC: National Highway Traffic Safety Administration, 2007.  Hardcore drunk drivers are responsible for 70% of all drunk driving fatalities and are 380 times more likely to be involved in a fatal crash. Drivers with blood alcohol concentration levels in excess of .15 are only one percent of all drivers on weekend nights; however, they are involved in nearly 50% of all fatal crashes during that time. Id.  Instead of focusing on this problem group, government/corporate/prohibitionist groups apply DUI laws against every driver on the road.

Often the harshest DUI penalties are applied to every driver.  An example of this is the use of roadblocks and checkpoints which are not as effective as other law enforcement methods, but are used primarily to intimidate and deter the general populous and attack some of our most cherished American ideals.   Perhaps the most egregious form of this gaslighting is the “No-refusal” checkpoint in which judges are sitting by to allow forced blood draws for any person attempting to evade a breath test.  Another example of this misguided approach is the DADSS program which seeks to have passive alcohol searches embedded in every car manufactured in the United States.  No one dares question the need for crack-downs like the twice annual “Drive Sober or Get Pulled Over” and its accompanying multimillion dollar ad blitz.  Why do we never pause to ask if this is helping.

Mothers Against Drunk Driving became the most successful advocacy group of all time not because of their demand for “penalties for all,” but because they were able to successfully challenge the social norm that drinking a driving was harmless and an activity that we all engaged in. Hellstrom, David. “Reducing Risk: The Prevention Collaborative’s Positive Social Norming Campaign.” Conference presentation at the National Conference on the Social Norms Model, July 17, 2003, Boston, MA; Collaboration and social norms: The key to reducing impaired driving among college students in Minneapolis/St. Paul. The Peer Educator, October 2002, Vol. 25, No.3; National Social Norms Resource Center. Minnesota DWI Prevention: The Prevention Collaborative as cited by Dr. David J. Hanson, Alcohol Problems and Solutions.  In his book Why People Obey The Law, legal scholar Tom Tyler argues that compliance with the law has less to do with deterrence (fear of penalty) than with the rational decision that complying with the law is in a person’s self-interest. More important to their compliance is the decision that following the law is the right thing to do. Having the biggest impact on their perception of the law is the belief in the legitimacy of the authority. “People who go to traffic court are less concerned with the outcome – even when it is a costly ticket or fine – than with the fairness of the process.” Vanderbilt, Tom. Traffic: why we drive the way we do (and what it says about us), 2008, pp 235. Thus the societal norm that driving within the speed limit and driving without being impaired, is an agreed upon social construct and is enforced best by our agreement that violating these laws is dangerous and deserving of punishment.

For generations, Ohio have been told to fear alcohol and have overly taxed and regulated the alcohol industry. Ohio is one of 17 states where the government controls liquor sales.  While the “sin tax” in Ohio is huge, with taxes accounting for 40% of the retail price, some groups push their prohibitoinist agenda in calls for higher taxes on alcohol and more regulation.  Research demonstrates the fallacy of this policy.  Increasing the cost of alcohol with increased  taxation would have virtually no impact on reducing drunk driving.  Hanson, David J. Preventing Alcohol Problems: Alcohol, Culture and Control. Westport, CT: Praeger, 1995.  Common sense dictates that cost will not be a factor in the decision making process of a heavy alcohol user. 

We have so demonized alcohol that we have created a counter-intuitive binge drinking culture amongst our youth.  Mothers Against Drunk Driving and others call this folly to even consider lowering the drinking age.  Since 1984, the National Minimum Drinking Age Act has required states to raise the age to 21 or lose federal transportation money. South Dakota was the last state to comply, in 1988.  Vermont voted to raise the age in 1985, and in the ensuing 20 years, alcohol-related traffic fatalities dropped by 40 percent, according to Vermont State Police.  “Is there any significant support in the U.S. Congress for changing the law? We don’t see that,” said Chuck Hurley, CEO of MADD.  Typically, when states flirt with the idea, they quickly abandon it for fear of losing the highway funding, he said. This is gaslighting – preventing a needed national debate by making the topic off limits at the risk of losing highway traffic funds. “Our laws aren’t working. They’re not preventing underage drinking. What they’re doing is putting it outside the public eye,” Vermont state Sen. Hinda Miller said. “So you have a lot of kids binge drinking. They get sick, they get scared and they get into trouble and they can’t call because they know it’s illegal.”

Don’t ever drink and drive.  Be a designated driver.  Use alcohol responsibly. Be there for people who suffer from addiction.  We can do this!  Things will get better!

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  Email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

IFor more about DUI laws  check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg,Huber HeightsOakwoodBeavercreekCenterville

Holiday DUI Blitz Begins December 6th

00Holiday Messages, Other Areas & InterestsTags: , , , , , , , , , , , , , , , , , ,

holiday dui blitzThe Ohio State Highway Patrol announced its annual “Holiday DUI Blitz.”  The 6-State Trooper Project is a multi-state law enforcement partnership aimed at providing combined and coordinated law enforcement and security services in the areas of highway safety, criminal patrol and intelligence sharing.

The holiday dui  initiative will take place from Friday, December 5 at 12:01 a.m. through Sunday, December 7 at 11:59 p.m. This high-visibility enforcement effort will include the Indiana State Police, Kentucky State Police, Michigan State Police, Ohio State Highway Patrol, Pennsylvania State Police and the West Virginia State Police.

Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 OVI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.

“All I do is DUI defense.”

For more info on Ohio Holiday DUI law, check these city-specific sites at the following links:

Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Springboro, Oakwood, Beavercreek, Centerville

Keywords: Holiday DUI, Dayton DUI

OVI Law: Elimination of Alcohol By Oxidation

00Blood & Urine Tests, Breath TestingTags: , , , , , , , , , , , ,

ovi lawOVI law requires an understanding of how alcohol enters, affects and exits the body.  Here is a brief overview of the elimination process.

Alcohol exits the human body by being oxidized by a number of very important enzymes.  Foremost among these enzymes are ADH (alcohol dehydrogenase) and ALDH (aldehyde dehydrogenase).  Over 90% of the ingested alcohol is oxidized in the liver.  The remaining 10% is excreted via the breath (.07%), the urine (.03%) and sweat (.01%). [Master, S., Chapter 23: The Alcohols, Basics and Clinical Pharmacology, B. Katzung, Editor, McGraw Hill, Eighth Edition, 2001, p. 382 (hereafter “Katzung”).

We know that the elimination rate varies from person to person but a general rules is that most people will have a rate between .015% and .20% with an overall average of .018% per hour [Winek CL, Esposito FM. Blood alcohol concentrations: factors affecting predictions. Leg Med 1985; 34-61].   Factors which will affect elimination include age, gender, food ingestion, past use and other pathological factors.

Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the OVI law experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at(937) 776-2671. You can have Dayton DUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.

“All I do is DUI defense.”

For more info on OVI law, check these OVI law city-specific sites at the following links:

Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg,Huber Heights, Springboro, Oakwood, Beavercreek, Centerville

What Is A Horizontal Gaze Nystagmus Test?

00Field Tests (SFSTs)Tags: , , , , , , , , , , , , , , , , ,
What is the Horizontal Gaze Nystagmus Test?

Horizontal Gaze Nystagmus TestAlcohol is a central nervous system depressant affecting many of the higher as well as lower motor control systems of the body. This results in poor motor coordination, sluggish reflexes, and emotional instability. The part of the nervous system that fine-tunes and controls hand movements and body posture also controls eye movements. When intoxicated, a person’s nervous system will display a breakdown in the smooth and accurate control of eye movements. This breakdown in the smooth control of eye movement may result in the inability to hold the eyes steady, resulting in a number of observable changes of impaired oculomotor functioning. See, Jack E. Richman & John Jakobowski, The Competency and Accuracy of Police Academy Recruits in the Use of the Horizontal Gaze Nystagmus Test for Detecting Alcohol Impairment, 47 New Eng. J. Optometry 5, 6 (Winter 1994). [Ed. Note, The citations and quotes in this DaytonDUI blog article were taken from HERE, HORIZONTAL GAZE NYSTAGMUS: THE SCIENCE & THE LAW, A Resource Guide for Judges, Prosecutors and Law Enforcement (no authorship or suggested citation given).

“Nystagmus” is a term used to describe a “bouncing” eye motion that is displayed in two ways: (1) pendular nystagmus, where the eye oscillates equally in two directions, and (2) jerk nystagmus, where the eye moves slowly away from a fixation point and then is rapidly corrected through a “saccadic” or fast movement. Raymond D. Adams & Maurice Victor, Principles of Neurology, ch.13, “Disorders of Ocular Movement and Pupillary Function,” 117 (4th ed. 1991).  HGN is a type of jerk nystagmus with the saccadic movement toward the direction of the gaze. An eye normally moves smoothly like a marble rolling over a glass plane, whereas an eye with jerk nystagmus moves like a marble rolling across sandpaper. Most types of nystagmus, including HGN, are involuntary motions, meaning the person exhibiting the nystagmus cannot control it. C.J. Forkiotis, Optometric Exercise: The Scientific Basis for Alcohol Gaze Nystagmus, 59 Curriculum II, No. 7 at 9 (April 1987); Gregory W. Good & Arol R. Augsburger, Use of Horizontal Gaze Nystagmus as a Part of Roadside Sobriety Testing, 63 Am. J. of Optometry & Physiological Optics 467, 469 (1986).  In fact, the subject exhibiting the nystagmus is unaware that it is happening because the bouncing of the eye does not affect the subject’s vision.

Alcohol causes two types: alcohol gaze nystagmus, which includes HGN, and positional alcohol nystagmus. Although alcohol causes both, alcohol gaze nystagmus and positional alcohol nystagmus are very different and easily distinguishable. Testing for positional alcohol nystagmus is not a part of the standardized field sobriety test battery. Defendants sometimes claim or attempt to confuse matters by arguing that the nystagmus the officer saw was actually positional alcohol nystagmus and not alcohol gaze nystagmus.

When an officer asks you to follow his pen, he is performing the horizontal gaze nystagmus test.  Nystagmus is defined as the oscillation of the eyeball that occurs when there is a disturbance of the vestibular system or the oculomotor control of the eye.  The nystagmus the officer is looking for is an involuntary motion.  A person is usually unaware of the presence of a nystagmus and cannot control it. Forkiotis, C.J. Optometric Exercise: The Scientific Basis for Alcohol Gaze Nystagmus. 59 Curriculum II, No. 7 at 9 (April 1987); Good, Gregory W.  & Augsburger, Arol R. Use of Horizontal Gaze Nystagmus as a Part of Roadside Sobriety Testing. 63 Am. J. of Optometry & Physiological Optics 467, 469 (1986); Stapleton, June M. et al. Effects of Alcohol and Other Psychotropic Drugs on Eye Movements: Relevance to Traffic Safety. 47 Q.J. Stud. on Alcohol 426, 430 (1986).  The officer is looking for a type of nystagmus wherein the eye moves slowly in one direction and then returns rapidly, sometimes referred to as a jerk or jerking nystagmus. Adams, Raymond D. & Victor, Maurice. Disorders of Ocular Movement and Pupillary Function.  Principles of Neurology.  Ch.13, 117 (4th ed. 1991).

A major weakness in relying on the horizontal gaze nystagmus test in the criminal justice arena is that there are multiple causes of nystagmus that have been observed.  Syndromes such as influenza, vertigo, epilepsy, measles, syphilis, arteriosclerosis, muscular dystrophy, multiple sclerosis, Korsakoff’s Syndrome, brain hemorrhage, streptococcus infections, and other psychogenic disorders all have been shown to produce nystagmus. Additionally, conditions such as hypertension, motion sickness, sunstroke, eyestrain, eye muscle fatigue, glaucoma, and changes in atmospheric pressure may result in gaze nystagmus. Pangman. Horizontal Gaze Nystagmus: Voodoo Science. 2 DWI J. 1, 3-4 (1987).  Caffeine, nicotine and aspirin (alone or in combination with alcohol) can also lead to a nystagmus which mimics a nystagmus attributable to alcohol consumption. Id. at 3-4.  Scientific literature also points to a person’s circadian rhythms or biorhythms as having an affect on nystagmus readings as the body reacts differently to alcohol at different times in the day and even fatigue nystagmus can be found in an individual, and the list, according to critics, goes on.   Id. at 3-4; Booker, J.L.  End-position nystagmus as an indicator of ethanol intoxication. Sci Justice.  41(2):113-116. (April – June, 2001).

The horizontal gaze nystagmus test is not present in marijuana impairment cases. In State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007), the court addressed the issue of standardized field sobriety tests and marijuana impairment.  Relying upon the NHTSA standards, the court concluded that observations as to performance on the walk & turn test and the one-leg stand test were indicative of impairment, thus allowing those to be used against a suspected marijuana user.  The HGN test, however, is not indicative of marijuana impairment.  According to NHTSA nystagmus would not be present due to marijuana and, as such, it was plain error to admit evidence of the horizontal gaze nystagmus test against the defendant accused of marijuana impairment.

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 insubstantial compliance.
  3. The testing standards for any reliable, credible, and generally accepted test.
  4. Including, but not limited to, the standards set by NHTSA.

The only guidance provided for determining the meaning of “substantial compliance” has come from State v. Burnside, 100 Ohio St. 3d 152, 2003-Ohio-5372 (2003), wherein the court indicated that errors that are clearly “de minimus” or “minor procedural deviations” are not substantial.  Thus, the State must set forth the testing standards, offer some testimony that the testing standards have been accepted and that the officer has substantially complied.  If the State fails to introduce testimonial or documentary evidence of the standards (most likely via the NHTSA training manual), then they have not met this burden. See Village of Gates Mills v. Mace, 2005-Ohio-2191 (Ohio Ct. App. 8th Dist., Cuyahoga County), wherein the State did not meet this burden despite the Court having its own copy of the manual.

In my practice we have seen a trend to manipulating the “substantial compliance” standard into a de facto prejudice standard.  The burden is being subtly shifted to the defendant to demonstrate that he or she was somehow prejudiced by the officer’s failure to comply with the NHTSA standards.  For example; if the officer does not articulate that he advised the suspect not to raise his or her arms, the Court says that he substantially complied by merely mentioning that he was trained in NHTSA protocols.  If, however, the defense points out that the officer did not give the proper instruction and still scored the test in a way negative to the defendant, the court may consider excluding some portion or all of the test.  Case law can be helpful on this point.

In State v. Clay, 34 Ohio St. 2d 250, 298 N.E.2d 137 (1973) the court ruled, “[h]owever, if by cross examination or otherwise, the defense places such compliance at issue, it then is incumbent upon the State, in order to maintain its burden of proof, to offer the methods and regulations into evidence and prove compliance.”  Some courts may try to take Judicial Notice of the manual (See Evid. R 201) when no manual was introduced.  In State v. Wells 2005-Ohio-5008 (Ohio Ct. App. 2d Dist., Montgomery County) held that the court cannot assume judicial notice when the record does not demonstrate a request for judicial notice or a reference to the manual by the trial court.  The 9th District Court of Appeals issued a great decision on the issue of substantial compliance.  Specifically, the issue involved giving the HGN test while the Defendant was seated in the car.  The Court found that this was not substantial compliance. (State v. Haneberg 5/29/2007, 2007-Ohio-2561, 9th District Court of Appeals).

The validity of Standardized Field Sobriety Tests results is dependent upon law enforcement practitioners following the established, standardized procedures for test administration and scoring. NHTSA’s SFST Student Manual states that the procedures demonstrated in the training program describe how SFSTs should be administered under ideal conditions, but that ideal conditions do not always exist in the field. Variations from ideal conditions, and deviations from the standardized procedures, might affect the evidentiary weight that should be given to test results.

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog “All I do is DUI defense.”

For more information on the horizontal gaze nystagmus test check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandalia, Xenia, XeniaMiamisburg,  Huber HeightsOakwoodBeavercreekCenterville