Will I Lose My OVI Case After Failing A Field Sobriety Test?

There are many methods a police officer will use to determine if you were driving under the influence of alcohol. One method used is a field sobriety test. If you undergo this type of test and the police officer believes that you failed, this might be used in court after you have been charged with an OVI.

Field Sobriety Tests Are Subjective

The field sobriety test is considered to be highly subjective, and it is possible for individuals who are not intoxicated to fail the field sobriety test. If you are arrested and charged with an OVI based purely on your inability to perform this test, you'll likely be able to challenge this in court.

Types of Field Sobriety Tests

One example of a field sobriety test is the horizontal gaze test. The police officer will move an object horizontally and check to determine if your eyes move involuntarily. If they do not move, this can be used as a sign that you are under the influence of alcohol.

Another test asks you to walk and turn at the command of the officer. This is done to test your coordination and also test your ability to follow instructions. The officer might also ask you to stand on one leg to test your ability to balance. Oftentimes, both of these tests are performed at the same time because they are considered to be a "divided attention" test. There are several other tests that might be given out as well, such as the:

  • Recitation of the alphabet
  • Romberg balance test
  • Finger-to-nose test
  • Finger count test

You might feel like cooperating with the police officer and performing any tests that are requested. However, you are simply providing evidence that will be used against you in court. You will likely be charged with an OVI either way. Instead, it's more important to get in contact with an OVI attorney as soon as possible.

How to Beat Your Charges

An OVI defense attorney will be able to assist you in defending against an OVI charge that is based on a field sobriety test. These legal professionals are aware of the shortcomings of the OVI test and will be able to help you craft a defense for why you should have your charges reduced or dismissed. If you choose to not perform the field sobriety test, it will be even easier for your OVI defense attorney to defend you.