Are you or someone in your family facing charges for driving under the influence? If so, you have come to the right place. If you have been stopped for DUI in Toledo, Ohio, you may wonder what rights you have and how to protect yourself.
The most important thing is to consult with a DUI defense attorney to know your legal options. Choosing an attorney who is familiar with DUI laws in Ohio as well as the field sobriety tests in Toledo is essential.
At Patituce & Associates, our DUI defense attorneys in Toledo, Ohio are backed by many decades of experience in representing different types of DUI cases. We understand the laws surrounding field sobriety tests, breath test refusal, and more.
Our experienced team of DUI defense lawyers includes three former Cuyahoga County prosecutors who are now committed to protecting the interests and rights of the accused. In fact, we have won thousands of cases and successfully navigated more than 200 criminal trials to date.
If you are ready to explore your legal options, our experts are ready to hear from you. Call Patituce & Associates today at 419-737-4556 to hire the best criminal defense lawyer in Toledo, OH, for your case.
What Is a Field Sobriety Test?
There are a number of field performance tests that law enforcement in Ohio may administer. This type of test is designed to help the officer determine if a person has been driving while intoxicated. It is important to note that field sobriety tests are not 100% accurate.
The officer should observe for clues that may indicate alcohol impairment.
What Are the Three Types of Field Sobriety Tests in Toledo?
The Horizontal Gaze Test
During this test, an officer will ask you to follow an object with your eyes about 12 to 15 inches from your nose. If you wear glasses, they will ask you to remove the glasses before the test.
The object can be a pen, finger, flashlight, or something else. You will be asked to keep your head still as you follow the object with your eyes. The officer will then observe a jerking motion of your eyes.
The Walk-and-Turn Test
This test is designed to measure the driver’s ability to follow directions & recall a series of steps. The officer will ask you to stand heel to toe with your arms at the side while he/she explains how to perform the test.
After completing the instructions, the officer will ask whether you understood the instructions, and it’s also part of the test. Then, the officer will ask you to take some heel-to-toe steps forward in a straight line, turn, and take some steps back.
The One-Leg Stand Test
The one-leg-stand test is the third field sobriety test. The test requires you to stand on one leg for thirty seconds.
What if You Refuse DUI Field Sobriety Tests in Toledo, OH?
Field sobriety tests are subjective and subject to weather conditions, road conditions, and your own physical, mental, & coordination abilities. Ohio gives nearly all drivers the right to refuse field sobriety tests.
In fact, saying NO when you are asked to perform a field sobriety test is a good idea since it hasn’t any serious legal consequences. You may be arrested, but you will likely be arrested anyway.
What Happens if You Fail the Field Sobriety Tests?
If you fail the field sobriety tests, you may be arrested for DUI. Once arrested, you should contact an experienced DUI defense attorney at Patituce & Associates within the next 24 hours.
The DUI lawyers at Patituce & Associates will evaluate whether the law enforcement properly administered the test or whether a medical or physical condition was responsible for the failure.
What if You Failed the Field Sobriety Tests, But Refused the Breath Test?
Refusing a breath test may result in the following penalties.
- 1st offense – 1 year of license suspension.
- 2nd offense within six years – 2 years of license suspension.
- 3rd offense within six years – 3 years of license suspension.
Why Was I Charged With OVI When I Passed the Field Sobriety Tests?
Did you pass the field sobriety tests but were charged with an OVI anyway? Many police departments have videos in order to review and determine whether or not the officers administered the tests according to their training. Such videos may show whether or not the clues outlined above were apparent.
A Motion to Suppress can be filed if any factors exist that would invalidate the test results.
How Can Patituce & Associates Help With My Case?
We have the necessary expertise, knowledge, and skills to represent your case and defend your side of the story. Our team will aggressively explore every conceivable legal avenue toward a reduction or dismissal on your behalf.
Call Today for a Free Consultation!
If you have been charged with an OVI in Toledo, OH, you should work with an experienced DUI defense lawyer in the area. The team of DUI defense lawyers at Patituce & Associates is backed by many decades of knowledge and experience in representing different types of DUI cases.