Notes: Columbus Ohio OVI Attorney Comments On Field Sobriety Tests
A Columbus Ohio DUI lawyer feels that ultimately, field sobriety tests are a bad idea, much like driving after you’ve had a few drinks. Driving intoxicated happens to many people, regardless of their intentions. Also to note, one of the worst things you can do is to submit to a field sobriety test, which designed to be a series of maneuvers that you should able to execute easily when sober.
For one, these tests are seldom completely accurate and are subject to the discretion of the police officer on the scene. As a matter of fact, few people can pass the test completely sober, let alone if they’re had a drink or two. Also, external circumstances can affect your performance on this test, as can medical conditions such as medications or ear infections. Of course, if you tend to get nervous when pulled over, that, too, can affect a field test.
My second point, the officer on the scene is the person deciding whether or not you are legally under the influence, which means that you are trusting someone you don’t know with, basically, your future. It is not unheard of for officers to make false or inaccurate statements on the report or at the station. This is not to say that Columbus Ohio police officers are out to get you, however, they are very busy and mistakes can and do happen. Also, failing a field sobriety test almost guarantees an arrest for OVI.
What causes one person to be stopped for possible under the influence driving, versus another? Aside from designated checkpoints, here are some of the reasons why you might be stopped for suspected DUI:
* You have been involved in an accident.
* The Columbus Ohio police have received a report that a described a car (you) is being driven erratically. The Columbus Ohio officer will verify the erratic driving before pulling you over.
* The officer has observed suspicious driving, indicating that you might be impaired. Erratic driving includes:
* Making unusually wide turns
* Straddling center marker
* Appearing to be intoxicated
* Almost hitting objects or vehicles
* Weaving
* Operating the vehicle on anything other than designated roadway (ie: berm, shoulder, etc.)
* Swerving
* Driving at least 10mph below the roadway’s speed limit
* Stopping in traffic lane without cause
* Drifting from lane to lane
* Following vehicles too closely
* Braking erratically
* Driving into opposing traffic
* Signaling inconsistent with driving actions
* Turning abruptly or illegally
* Accelerating or decelerating rapidly
* Headlights off
* You are being stopped for a lesser traffic offense and the officer notices the signs of DUI.
Once the officer stops you, he or she will look for the following, many of which can be purely subjective:
* Odor of an alcoholic beverage
* Slurred speech
* Watery, blood shot, and/or reddish eyes
* Flushed face
* Droopy eyelids
* Difficulty in comprehending intelligently to question
* Fumbling with driver’s license and registration
* Alcohol containers in the vehicle
* You admit you’ve been drinking
While roadside sobriety tests are a bad idea, the most important things to do when pulled over and suspected of OVI is to be courteous and respectful of the officer at the scene and to be as cooperative as possible within reason. Also, many people do not realize that field sobriety tests are completely voluntary and not required by law, so avoid them if you can.
Granted, this is just an opinion, for legal information contact a Columbus Ohio DUI attorney ASAP!
Tags: Columbus Ohio DUI lawyer, DUI, law, OVI, Sobriety Tests
