Standardized field sobriety tests are administered in nearly every OVI (DUI) case in central Ohio. But what it the standard for admitting the field sobriety tests as evidence in an OVI (DUI) trial? To answer this question, we must look at decisions by the Ohio Supreme Court, legislation by the Ohio General Assembly, and the manual published by the National Highway Traffic and Safety Administration.
You May Refuse To Consent To Ohio DUI/OVI Alcohol Tests…Sometimes
Imagine that the police show up at your door and want to search your house. If you don’t consent, the police can’t search without a warrant or an applicable exception to the warrant requirement. Refusing to consent to a search is not ordinarily a criminal offense. In a recent case from the Ohio Supreme Court, however, the Court concluded that it can be a criminal offense for some people to refuse consent in some circumstances.