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Field Sobriety Tests in Ohio DUI / OVI Cases

https://www.dominylaw.com/drunk-drivi... How are field sobriety tests used in Ohio DUI / OVI cases? I'm Shawn Dominy, I'm a DUI / OVI lawyer in Columbus, Ohio, and this video is going to answer that question. The standardized field sobriety tests were developed by the National Highway Traffic Safety Administration, also known as NHTSA. And the tests were developed to help officers make the correct arrest decision. So, when officers are deciding whether or not to arrest somebody for OVI, they take into account the totality of the circumstances, and those circumstances include performance on field sobriety tests. According to NHTSA, there are three tests which have been standardized. The first test is the horizontal gauge nystagmus test. That’s where you follow the pen with your eyes. It could be a finger, could be a pen. But the officer moves it back and forth. And he’s not really looking to see whether you can follow the pen. He’s looking to see if your eye is doing an involuntary jerking as you follow the pen. That involuntary jerking is called nystagmus. The second of the three standardized tests is the walk and turn test. Now, in that test, the officer is determining whether or not you can follow instructions, and also looking at your balance. There are actually eight different clues that they look for, and if the officer observes two or more clues, then according to their research, it’s likely that you will test over a 0.08. The third standardized test is the one leg stand. In that test, the officer has you stand on one leg for 30 seconds. In that test there are four clues that they look for. And again, if the officer observes two or more clues, then their research suggests that you will likely test over a 0.08. In addition to the standardized test, there are some test which have not been standardized. Some officers use these tests, and some don’t. Those include things like the finger dexterity test, where you do this with your fingers. It may also include counting backwards, or doing a partial alphabet, like D to W. Those things are not standardized, but they are things that the officers take into account when they are considering the totality of the circumstances and deciding whether to make an arrest. I know when someone’s been charged with OVI, it can be overwhelming, and I think that the best thing to do after you’re charged is to educate yourself. I hope that you find this video has been a helpful way to do that. For more information on Ohio DUI / OVI issues, see the videos on the Dominy Law Firm YouTube channel, the written information on the Dominy Law Firm website (https://www.dominylaw.com/), the articles on the Dominy Law Firm blog (https://www.columbusoviattorneyblog.c..., and our book: the Ohio DUI/OVI Guide. Dominy Law Firm 7716 Rivers Edge Drive, Suite B Columbus, OH 43235 (614) 717-1177

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