Tag Archives: horizontal gaze nystagmus

What Is A Horizontal Gaze Nystagmus Test?

What is the Horizontal Gaze Nystagmus Test? Alcohol 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…
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There’s A New Standardized Field Sobriety Tests “Guide”

Standardized 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…
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Standardized Field Sobriety Tests: They Don’t Work

The National Highway Safety and Traffic Administration’s standardized field sobriety tests were developed based on a 1977 study. The subjects of this study had blood alcohol content levels ranging from zero to .15 percent. Though there was such a large different between the test subjects, there was a 47 percent error rate in determining a…
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Unintended Consequences of an Ohio DUI Charge

A drunk driving charge can affect you in ways that you may not expect. Listed below are some of the more vexing issues associated with an Ohio DUI (OVI) charge. 1. Child Custody - If you are involved in a custody dispute, or have a vindictive spouse who would like to start one, a DUI/OVI conviction…
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Nonstandardized Field Sobriety Tests

Ohio has adopted the three-test field sobriety protocol as set forth in the National Highway Traffic Safety Administration (NHTSA) manual for training law enforcement officers.  The three tests adopted by NHTSA all survived scientific scrutiny as being indicative of impairment.  The tests are: (1) horizontal gaze nystagmus, a test of the subject's eyes; (2)  walk…
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Standardized Field Sobriety Tests: You Can’t Say That!

"The notion that an officer may testify and estimate that a person, based on his or her Horizontal Gaze Nystagmus results, will test over the statutory limit a certain percentage of the time is alarming."  This is not the opinion of an OVI defense attorney, but the opinion of the 4th District Court of Appeals…
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Standardized Field Sobriety Tests: Is Smell Enough?

Some Ohio courts have upheld determinations that the mere presence of a moderate to strong odor of alcohol, coupled with a proper initial stop, is sufficient to justify the administration of field sobriety tests. See, e.g., State v. Tackett, 2d Dist. No. 2011-CA-15, 2011-Ohio-6711 (“[t]his court has, however, repeatedly held that a strong odor of alcohol alone is…
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Ohio OVI: Standardized Field Sobriety Tests & Marijuana

State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007). More and more, we are seeing law enforcement officers arrest drivers on suspicion of operating a vehicle under the influence of marijuana.  Often, an officer will request a urine test for marijuana after a defendant has blown substantially under the per se alcohol…
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Standardized Field Sobriety Tests: The One Leg Stand Test

The Standardized Field Sobriety Tests (SFST) are a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal…
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