Delaware County Field of Sobriety Tests
Delaware County Drunk Driving Lawyer
Horozontal Gaze Nystagmus
This test is administered to measure the "involuntary jerking" of an individual's eyes in response to movement across the spectrum. In its administration, an officer will ask an individual to follow his finger across his sight spectrum. The officer will be noting this "involuntary jerking" of the individual's eyes beyond the 45 degree point. Although, this test has been proven to produce very accurate results, there are multiple defenses to this test as the administration of the test is often handled incorrectly.
What Are These?
These tests are sanctioned by the National Highway Traffic Administration and are designed to show if a person has been affected by alcohol. Police use these tests to establish a probable cause for an arrest. The tests include the following: Horizontal Gaze Nystagmus, Walk and Turn, One Leg, Blood and Urine, and Breathalyzer.
Walk and Turn Test
This test is administered to measure an individual's attention and ability to walk in a straight line at the same time. In this test , the individual is tasked with walking in a straight line for nine steps in a heel to toe fashion. The administrator is testing whether or not the individual is able to maintain balance while walking and whether or not the individual is able to pay attention and follow all of the directions as instructed.
One Leg Test
Similar to the Walk and Turn Test, this test is administered to test an individuals ability to follow directions and maintain balance. The officer administering the test instructs the individual to stand with one foot approximately six inches off of the ground with their toe pointed. While in this position, the individual is asked to count to thirty by thousands. Indication of alcohol or drugs is noted by the individual being unable to keep his/her one foot in the air, waving of his/her hands in the air in an attempt to secure balance, and/or their inability to follow the directions of the test. There are often times where the individual being asked to perform this test is not physically able to stand with one foot off of the ground. In these circumstances, this test is clearly an inaccurate measurement of ones impairments.
Urine and Blood Tests
Urine and Blood Tests are often administered by an officer when they suspect that an individual was driving under the influence of drugs or alcohol. While these tests are often very compelling as evidence in the court of law, there are many important procedures and rules that must be followed in order for these tests to be recognized as reliable and consistent measures of impairment. Our offices have found these rules and procedures to be important defenses in all OVI cases.
Similar to the Urine and Blood Tests, the Breathalyzer Test is often administered by an officer when they suspect that an individual was driving under the influence alcohol. This tests also requires many important procedures and rules that must be followed in order to be recognized as reliable and consistent measurements of impairment. Our offices have found these rules and procedures to be important defenses in all OVI cases.
Many do not know that one has a right to deny a breathalyzer test upon request by an officer. If you decide to refuse a breathalyzer test, there are the following immediate penalties.
Denying Breathalyzer for 1st offense: 1 year license suspension
Denying Breathalyzer for 2nd offense: 2 year license suspension
Denying Breathalyzer for 3rd offense: 3 year license suspension
Fortunately, the Law Offices of Eric J. Hoffman have extensive experience with all OVI charges in the state of Ohio and are regarded by peers and clients as distinguished specialist in the field. Read here for our defenses to these charges.