Law enforcement officers use several tests when investigating a driver suspected of OVI / DUI in Columbus and central Ohio. First, officers conduct some tests to decide whether a driver should be removed from the vehicle. Second, officers administer DUI / OVI tests after the suspect exits the vehicle to decide whether the suspect should be arrested. Third, officers employ some tests after the arrest to gather additional evidence. The tests typically used in Ohio DUI / OVI cases are summarized on this page. Each test is described in more detail on additional pages of this site (see the links at the bottom or side of this page), and the tests are also discussed more thoroughly in the guide: ‘Ohio DUI / OVI Guide’. If you have been charged with DUI / OVI, you would benefit from representation by a Columbus DUI lawyer with training in how these tests are administered and experience challenging the tests in court.
When an officer makes a traffic stop, the officer may do tests to determine whether the driver should be detained for a DUI / OVI investigation. When an officer approaches a vehicle, the officer is making observations to determine if there is reason to believe the driver is under the influence. If so, the officer may employ techniques to divide the driver’s attention, such as: asking for two things simultaneously, asking interrupting questions, and asking unusual questions. The officer will observe the driver to see if the driver has difficulty dividing his or her attention. If so, the officer may have the driver exit the vehicle.
If a driver is suspected of DUI / OVI and removed from the vehicle, the law enforcement officer will likely administer field sobriety tests. In Columbus and Central Ohio, the law enforcement agencies use both standardized sobriety tests and non-standardized sobriety tests. There are three field sobriety tests standardized by the National Highway Traffic Safety Administration. Those tests are (1) the Walk And Turn test; (2) the One Leg Stand test; and (3) the Horizontal Gaze Nystagmus test (follow the pen/stimulus with your eyes).
The non-standardized tests used in Columbus and central Ohio include reciting a portion of the alphabet, counting backward, and counting fingers in sequence. In addition to the field sobriety tests, officers sometimes use a preliminary (portable) breath test at the scene of the investigation. Officers who complete the Advanced Roadside Impaired Driving Enforcement (ARIDE) course may also administer a Romberg Balance test (estimating 30 seconds with eyes closed) and a Lack of Convergence (eye crossing) test. The field sobriety tests and preliminary breath test aid officers in deciding whether a driver should be arrested for operating a vehicle under the influence.
If a driver is arrested for DUI / OVI in Columbus or central Ohio, the driver is typically asked to submit to additional testing. The additional testing is a breath test, a blood test, a urine test, or an oral fluid test. The officer decides which test to give, and the officer can request more than one type of test. Breath tests are the most common tests and are used only for measuring alcohol. Urine tests are frequently used to measure both alcohol and drugs. Blood tests are the least common and may be given without the consent of the driver under some circumstances. Oral fluid tests are new to Ohio and may be used to measure levels of alcohol and drugs. For cases in which the officer suspects driving impairment due to drugs other than alcohol, the driver may also be subjected to a drug recognition evaluation.
Attorneys who develop expertise with DUI / OVI tests can help. Lawyers can take the same training for field sobriety testing as officers. Lawyers can also undergo training in breath testing, as well as gas chromatography, the testing method used for blood and urine. By learning how the tests work, DUI / OVI attorneys know when the tests have been administered or scored incorrectly and when there is a weakness in the testing process or result.
The lawyers at the Dominy Law Firm are certified in field sobriety testing and have also completed the Advanced Roadside Impaired Driving Enforcement (ARIDE) course from the National Highway Traffic Safety Administration. Shawn Dominy is certified as a field sobriety testing instructor. Our attorneys have completed training in breath testing and blood/urine testing. They regularly participate in continuing education related to DUI/OVI testing and also teach other lawyers about DUI/OVI defense.
The Dominy Law Firm attorneys use this training to help achieve favorable outcomes for clients with DUI / OVI cases in Columbus and central Ohio. You can read about those outcomes on the page of this site discussing our recent cases, and you can also read what our clients say about our representation. If you complete your research and decide you may want to hire the Dominy Law Firm, you can arrange a free consultation by calling 614-717-1177 or by completing the CONTACT FORM.