Can I Refuse Field Sobriety Tests in Ohio? Your Rights Explained

If you've been pulled over for suspected OVI/DUI in Ohio, one of the most important decisions you'll make is whether to perform field sobriety tests. Unlike chemical tests, you have the right to refuse field sobriety tests in Ohio—but understanding the implications is critical.

What Are Field Sobriety Tests?

Field sobriety tests (FSTs) are physical and cognitive exercises that officers use to evaluate whether a driver is impaired. These are different from chemical tests (breath, blood, or urine) and are typically administered roadside before an arrest.

Common Field Sobriety Tests

Standardized Tests (NHTSA-Approved):

• Horizontal Gaze Nystagmus (HGN): Officer tracks your eye movements
• Walk-and-Turn: Walk heel-to-toe in a straight line
• One-Leg Stand: Stand on one leg while counting

Non-Standardized Tests:

• Alphabet recitation
• Finger-to-nose
• Romberg balance test
• Counting backwards

Your Right to Refuse

Field sobriety tests are generally voluntary in Ohio. There is no Ohio statute that requires you to perform these roadside coordination exercises, and refusing them does not trigger the implied-consent administrative suspension that applies to chemical testing.

No Implied Consent for FSTs

Ohio's implied consent law (ORC § 4511.191) applies to chemical tests (breath, blood, or urine) after an OVI arrest—not to field sobriety tests.

Why Officers Want You to Perform FSTs

Field sobriety tests serve one primary purpose: building evidence for prosecution. Officers use FST results to:

• Establish probable cause for arrest
• Document signs of impairment
• Create video evidence for trial
• Justify chemical testing

Critical point: FSTs are inherently subjective. The officer decides whether you pass or fail.

Consequences of Refusal vs. Performance

If You Refuse

• Officer notes refusal in report
• The officer may still continue the investigation and may still arrest based on other observations
• You avoid creating performance-based FST “failure” evidence on camera
• Refusal may become part of the narrative in a case depending on the circumstances and local practice

If You Perform

• Everything you do becomes evidence
• The officer’s interpretation of the clues is documented in the report
• Video footage can be used in court
• You may still be arrested regardless of performance

How Refusal Affects Your Defense

Refusing field sobriety tests can sometimes help your defense by:

• Eliminating video evidence of stumbling
• Removing officer testimony about FST failure
• Forcing the prosecution to rely more heavily on other evidence
• Limiting subjective interpretation

What Varies (And What to Confirm)

Two drivers can face very different outcomes from the same roadside encounter. Factors that often vary include:

• The reason for the stop (and whether the officer had legal grounds)
• Roadside conditions (lighting, weather, uneven pavement, traffic, footwear, injuries, anxiety)
• Bodycam/dashcam clarity and what it actually shows
• Local court expectations and how a judge treats standardized vs. non-standardized tests

What About Chemical Tests?

Chemical test refusal is different and can carry significant administrative consequences under Ohio’s implied-consent rules. The details depend on your record/history and the specific statutory provisions.

• Refusal can trigger an administrative license suspension (ALS)
• Repeat refusals can increase consequences
• There may be separate administrative steps and deadlines to challenge an ALS

Many attorneys advise performing chemical tests even if you've refused FSTs. For comprehensive information about OVI/DUI charges and penalties in Ohio, including how refusals affect your case, visit our detailed guide.

Delaware and Franklin County Considerations

Law enforcement practices and court expectations can vary by county and by judge. If you were stopped in Delaware County or Franklin County, it’s especially important to review the stop, the officer’s observations, and any video carefully with counsel who regularly practices in those courts.

When to Contact an Attorney

If you've been arrested for OVI in Delaware or Franklin County:

• Act promptly—deadlines can come quickly, and video/records are easier to preserve early
• Get tailored advice—OVI cases are fact-specific and depend on the stop, testing, and your record
• Avoid assumptions—defenses may exist depending on the evidence and procedures used

At Mango Law, we challenge every aspect of OVI cases through strategic motion practice: traffic stop legality, FST administration, chemical test accuracy, and constitutional violations. If you have prior OVI convictions, understanding Ohio's lookback period is critical to your defense strategy.

Contact us at (740) 602-2155 for a confidential case evaluation.