Field Sobriety Tests
You probably will be asked to exit your car and perform some field sobriety exercises. The officer may even try to get you to do some exercises before you get out of your car. He may try to get you to follow his pen with your eyes either before you get out or after. It is not the law in Ohio that you have to perform any of these roadside exercises. They are entirely voluntary on your part. It is best that you politely decline to submit
to these “tests”. Some of these tests are governed by the National Highway Traffic Safety Administration and must be given in compliance with their directives to be valid.
However, proving whether they were given and scored correctly is nearly impossible after the fact. And since the officer is the only one doing the grading and he has usually already decided that you are under the influence, you are not likely to pass these tests in his eyes. Why play a game you can not win or prove you won if you don’t have to play.
Many of these exercises are difficult for people with certain prior injuries or ailments. Vision problems, balance problems, certain kinds of shoes, being tired, and the general conditions of the testing area all can effect your ability to pass these exercises even without any alcohol involved. Politely decline to perform these tests.