Field Sobriety Test Lawyer Dayton, OH
How A FST Can Hurt Your DUI Case in Ohio
When an officer pulls over a driver on suspicion of DUI, they may ask the driver to step out of their vehicle and perform a series of tests. These tests, which have been designed by the National Highway Transportation Safety Administration (NHTSA), were designed to provide officers with evidence of a person’s alleged level of intoxication.
However, the truth of the matter is that these tests set the driver up for failure no matter what. And because they are not backed by science, they have not been proven reliable. Furthermore, any deviation from how the tests are written and approved by the NHTSA means that the results may not even be valid at all.
Types of Field Sobriety Tests
The suspect is asked to take nine heel-to-toe steps forward, turn around, and walk nine heel-to-toe steps back. The officer will watch to see if the suspect takes too many or too few steps, uses their arms for balance, stumbles, sways, or turns with difficulty. This test is often difficult even for sober people, especially in a high-stress situation on the side of the road with a police officer.
One-Leg Stand Test
During this test, the suspect is required to stand on one leg with his hands down and count to 30. Again, the officer will look for swaying, raising the hands for balance, and for the suspect’s ability to count accurately. This test can be extremely difficult for people with back or knee problems, inner ear disorders affecting balance, ankle problems, and more.
Horizontal Gaze Nystagmus Test
The officer will hold a pen or another object before the suspect’s eyes to see if the eyes can follow its movement. The officer looks for a jerking motion of the eyes when the object is held at a 45-degree angle, which indicates intoxication. Unless the prosecutor has an expert witness to testify to the scientific validity of this test, the results cannot be used in court.
Consenting to take these tests can severely harm your DUI case, especially since they are so easy for even sober people to fail. You should be aware that you have a right to refuse these tests without penalty – exercise it accordingly!
How to Beat a Field Sobriety Test Charge in Ohio
If you have been accused of driving under the influence of alcohol, it is important to immediately get in touch with an experienced DUI attorney. You attorney can examine the facts of your case, including any pre-existing conditions that you have that may have affected the outcome of your sobriety test.
Don’t allow the results of a scientifically unreliable test to determine your future. At L. Patrick Mulligan & Associates, LLC, our Dayton DUI attorneys are prepared to review your case and challenge the results of your field sobriety or chemical tests. With harsh penalties on the line, do not delay in getting the help you need to potentially beat your charges.
At L. Patrick Mulligan & Associates, LLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
Extremely pleased with L. Patrick Mulligan and Associates. They helped me through every step of the process and worked hard for me. I had a very difficult case that took longer than usual but they never gave up on it. Thank you!- Megan
My husband was forced to defend himself at our home but that put him in jail. I first went with another lawyer, Mike Mills, who took my money and that was it. Feeling hopeless, I contacted Patrick’s team and they didn’t disappoint. Within 3 hours, Patrick was at jail speaking with my husband and a few days later, Patrick had him home. When you call the office, everyone helps you. You are not just another case to them; I know and experienced it. They are a team you want to be on your family’s side! Thank you Patrick and Laura and team - you are the best, thank you!- Jackson
My family and I have used Patrick for different cases. A child custody as well as DUI. Initially you may feel scared and want to keep calling but in the end he has always proven that he is the best of the best. When he walks in, all the fear melts away and he comes out swinging. He knows what he's doing. Child custody WON! DUI best possible outcome! I wouldn't hire anyone but him. I highly recommend! Thanks Mr. Mulligan and staff!- Satisfied Client
I want to personally thank you, Patrick and everyone else who did an amazing job on my cases. I've unfortunately dealt with a lot of attorney's over the years and you guys were the first one's I've ever trusted or felt that you really did what you said you were going to do!! Myself and my family couldn't thank you enough. You helped me with a life changing situation and I'm a better father and son with your help and support.- Brian
Patrick Mulligan took on my case in May 1996 not knowing how things would go. My case being his first Big case. He saved my life. I have still to this day will always remember and be Thankful to him for trusting and believing in me. I was a mother of a daughter 19 months old who as killed by my boyfriend at the time. The state tried to prove me for child endangering and wanting me to serve 18 months in prison. Parick didnt know until that point what he had gotten into . Patrick did everything he could to prove I was a good mother. It was almost a year after my daughters life was taken. We went to trail and I stood on the stand with all my friends and Dr.'s. Patrick worked so hard for me and we won and here I am 15 years later . I found his web site and had to tell my story. Anyone who needs his help he will work as hard as he can for anyone he believs in. I'm so gald to see he is still in Cinti helping people. Thank you Patrick. I will talk to you soon.- Stacy
Patrick Mulligan is one of the few attorney's in Dayton that takes no bullshit I would recommend him to anybody- Justin
Mr. Mulligan made all the difference in my case. Through his yellow page ad, I was able to reach him in the middle of the night, after my ex-wife had me falsely arrested for Domestic Violence Verbal. He was prompt in coming to my assistance. He went out of his way to help reach my family so that they could get me released from holding. He answered all my questions and walked me through the entire process. He was able to get the results I was hoping for at the pre-trial, so that we did not actually have to go through an actual trial. Mr. Mulligan exceeded all my expectations and I would recommend him to anyone who finds themselves in a similar unfortunate situation. He was a Godsend for me.- Mark