After a traffic stop, many drivers are asked to perform field sobriety tests. However, Ohio law clearly establishes that police must have specific justification before making this request. Understanding these requirements is crucial for anyone who faces DUI/OVI charges.

The Legal Standard: Reasonable Suspicion Required

Under Ohio law, "an officer may not request a motorist to perform field sobriety tests unless the request is separately justified by a reasonable suspicion based upon articulable facts that the motorist is intoxicated." This standard represents a significant protection for drivers' constitutional rights.

The courts have emphasized that administering field sobriety tests is "a greater invasion of an individual's liberty interest than the initial stop," and therefore requires its own specific justification based on articulable facts.

Drinking vs. Impairment: A Critical Distinction

Ohio courts consistently recognize an important distinction: "The law does not prohibit driving after drinking alcohol; instead, it prohibits driving when impaired by alcohol." Impairment occurs when alcohol consumption "adversely affect[s] [a driver's] actions, reactions, conduct, movement or mental processes... thereby lessening [their] ability to operate a motor vehicle."

What Constitutes Reasonable Suspicion?

Courts consider multiple factors when evaluating whether an officer had reasonable suspicion to request field sobriety tests.

Factors that may support reasonable suspicion include the time and day of the stop (such as late Friday or Saturday nights), location near establishments selling alcohol, erratic driving patterns like speeding, weaving, or unusual braking, reports of possible intoxication, the condition of the driver's eyes (bloodshot, glassy, or glazed), speech impairments (slurred or overly deliberate), strong odor of alcohol from the person or their breath, the intensity of alcohol odor ("very strong" versus "slight"), belligerent or uncooperative demeanor, lack of coordination such as dropping keys or fumbling, admissions of alcohol consumption, and the number of drinks and timeframe consumed.

What is generally not sufficient alone are factors such as an odor of alcohol, bloodshot or glassy eyes, minor traffic violations, admission of having "a few" drinks, time of night alone, or location near bars alone.

Common Scenarios Insufficient for Field Sobriety Tests

Ohio courts have found several combinations insufficient to justify field sobriety tests.

Courts repeatedly hold that "nominal lane violations combined with a slight odor of alcohol are generally insufficient by themselves to trigger a reasonable suspicion." The presence of bloodshot eyes, an odor of alcohol, and even slurred speech do not automatically establish probable cause when the driver can still carry on a basic conversation, follow instructions, maintain balance, and handle documents properly.

A stop for faulty equipment (like a headlight) combined with bloodshot eyes and alcohol odor—even near liquor establishments at night—lacks sufficient "additional indicia of intoxication."

Why This Matters for Your Defense

If officers lack reasonable suspicion when requesting field sobriety tests, any results from those tests may be suppressed as evidence. This can significantly impact the prosecution's case, potentially leading to dismissal of charges, reduction to lesser offenses, exclusion of key evidence, and a stronger negotiating position.

Key Takeaways

Police must have specific, articulable facts suggesting impairment before requesting field sobriety tests. Signs of alcohol consumption alone do not equal impairment. Multiple factors typically must be present to justify field sobriety tests. Minor traffic violations plus alcohol odor are generally insufficient.

Conclusion

Understanding the reasonable suspicion requirement for field sobriety tests is crucial when facing DUI/OVI charges. The law recognizes a significant difference between consuming alcohol and being impaired by it. If you believe police lacked reasonable suspicion before requesting field sobriety tests in your case, an experienced DUI defense attorney can evaluate whether to challenge the evidence collected during your stop.

Remember that each case is unique, and this information should not be considered legal advice for your specific situation. Always consult with a qualified attorney who can provide guidance based on the particular circumstances of your case.

Ohio OVI Defense Attorneys