In Ohio, you should be aware of your legal rights if you are ever stopped by the police. If they suspect you of DUI, they will ask you to submit to a field sobriety test.

This may make you wonder: can you refuse a field sobriety test in Ohio? While you have the legal right to refuse to take a field sobriety test, you may be putting yourself at greater risk of serious consequences.

Before you refuse the request from the officer, you should understand the outcome that could come from this decision.

What Are Field Sobriety Tests?

When you are pulled over by the Ohio police and they suspect you of driving under the influence, they will ask you to take a field sobriety test to determine if you are intoxicated. They use breathalyzer tests, blood tests, and other field tests such as having you stand on one leg or walk and turn.

These physical tests require the officers to be trained to keenly observe your ability to follow their instructions while you maintain balance. They are subjective tests, but they may be what they use to arrest you for DUI.

Yes, you can face consequences for refusing the tests, but when you take them, it helps build a stronger case against you. There are some good reasons why you should refuse to take field tests, particularly if you have a condition that could result in a failed test.

If you’re not physically fit, you may not be able to perform the tests even if you are completely sober. Stress could take a toll while you are being questioned, which could make you seem impaired to the officer.

If you are physically or mentally exhausted, you may wind up looking like a drunk driver. You may also want to refuse the tests if you are stopped in an area that is noisy as you may have trouble hearing the officer’s directions. Even though law enforcement has used the tests for many years, they aren’t always accurate. Many symptoms can be mistaken for intoxication, leading to an arrest for DUI even when you haven’t had a drink.

Understanding the Implied Consent Laws in Ohio

Ohio’s laws about implied consent mandate that upon arrest, you must submit a blood alcohol test to determine the level of alcohol or drugs in your system. This does not mean you need to submit to chemical testing prior to being arrested.

Before you are arrested, you have the right to refuse the tests. Your arrest must be lawful, meaning that the police only stopped you because they have reasonable grounds to believe you are intoxicated.

It is highly stressful to be pulled over and accused of drunk driving. The outcome could impact your immediate freedom and have far-reaching consequences that will affect you for years. When you are faced with a DUI whether you submitted to a test or not, contact a defense attorney to protect your rights.