Ohio OVI/DUI Attorneys

One question that we always get from clients is whether they should perform the Field Sobriety Tests if asked to do so by a police officer. In other words, if you are pulled over on suspicion of drunk driving, and the officer orders you out of your vehicle and requests that you perform Field Sobriety Tests, should you comply?

The answer is always and invariably NO. Here are the reasons. First, YOU ARE UNDER NO LEGAL OBLIGATION TO PERFORM FIELD SOBRIETY TESTS. In other words, THERE IS NO LEGAL PENALTY FOR NOT DOING FIELD SOBRIETY TESTS. Often, officers will tell motorists that if they refuse to perform the Field Sobriety Tests, they will be arrested for OVI/DUI. Bear in mind, however, that police offers are NOT required to tell the truth. This may come as a surprise to many, but it is true.

The problem with performing the Field Sobriety Tests is twofold (1) the officer can use any slip-up, no matter how seemingly trivial, as a justification to continue his investigation and ultimately lead to a point where you are under arrest for OVI (2) most people, even if not under the influence of alcohol, cannot do the field sobriety tests flawlessly. Put simply, you are setting yourself up to fail, even if you are not under the influence of alcohol.

If an officer asks you to perform Field Sobriety Tests, tell him or her plainly and simply: MY COUNSEL ADVISED ME NOT TO PERFORM THEM. For advice on the breathalyzer, which is a separate issue and for which a refusal carries legal penalties, see our blog post on whether to refuse the breathalyzer.

Call the experienced attorneys at the Brown Law Office if you are charged with OVI/DUI at 330-601-0101 for a free consultation.