Cincinnati, OH – Law enforcement who stop Ohio residents for driving under the influence (DUI) usually ask them to undergo or submit to field sobriety tests such as one-leg stand, walk and turn, or an eye test. When taking the physical tests, the police observe drivers’ ability to follow detailed instructions and keep their balance. They then use the supposedly objective test results as evidence to back up their decision for a DUI arrest, and as evidence at trial.
There are no circumstances where taking field sobriety tests is advantageous. There is no penalty for refusing these tests. It’s just a matter of not giving the State evidence to use against you at trial. The tests are supposed to be objective but no two officers give them the same way or will interpret them alike. There is simply no benefit to performing these silly exercises on the roadside.
To make them more unfair, these exercises are typically conducted under harsh conditions, including, rain, snow, wind, traffic whizzing by at 75+ MPH on the side of a highway, poor lighting, a cop with with a gun and a badge ready to arrest you for the slightest infraction, physical limitations of the driver, stress, cop questioning, and fatigue, just to name a few.
Why do so many Ohio residents refuse to submit? Ernst & Associates recommends that no one take the field sobriety tests. Then the prosecution lacks essential evidence for a strong DUI case in court. While they still use a driver’s refusal to submit to the test as part of their argument, it doesn’t carry nearly as much weight. In short, REFUSE THESE EXERCISES!
Law enforcement has used field sobriety tests for decades, but data suggests inaccuracy. If any symptoms that mimic intoxication exist, that can result in a driver’s false arrest for DUI. After refusal, getting a complete case evaluation from a criminal defense law firm in Cincinnati is an appropriate strategy. They understand Ohio’s implied consent law, probable cause for a DUI arrest, and law enforcement’s responsibility upon arrest.
About Ernst & Associates
Ernst & Associates is a nationally recognized and locally acclaimed team of criminal defense attorneys committed to drafting personalized strategies for Ohio citizens in DUI cases, traffic ticket violations, drug crimes, felonies, misdemeanors, and more. With over 40 years of combined experience in criminal law, the defense attorneys use creative methods to gather evidence and review arrest details or the circumstances surrounding a case. The firm is a non-biased, neutral, and non-judgmental party that will provide an insightful perspective in a case, no matter the charge.
Ernst & Associates
212 West 8th Street