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

You can refuse field sobriety tests in Ohio without direct legal penalties. There is no statute requiring you to perform these tests, and refusal cannot be used as the sole basis for arrest or license suspension.

No Implied Consent for FSTs

Ohio's implied consent law (ORC 4511.191) applies only to chemical tests—not field sobriety tests. You are under no legal obligation to perform physical roadside exercises.

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
• May still be arrested based on other observations
• Refusal cannot be mentioned at trial (in most circumstances)
• No automatic license suspension or penalties

If You Perform

• Everything you do becomes evidence
• Officer's interpretation becomes fact
• Video footage can be used against you
• May still be arrested regardless of performance

How Refusal Affects Your Defense

Refusal often benefits your defense by:

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

What About Chemical Tests?

Chemical test refusal is different and carries serious consequences:

• Automatic 1-year license suspension (first refusal)
• Refusal can be mentioned at trial
• Separate administrative penalties

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

Local law enforcement in Delaware County and Franklin County frequently patrol US-23 and SR-315. Understanding your rights before a stop is crucial. Delaware Municipal Court and Delaware County Court of Common Pleas hear hundreds of OVI cases annually, and experienced local counsel makes a significant difference.

When to Contact an Attorney

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

• Don't wait—evidence degrades and deadlines approach
• Don't represent yourself—OVI law is complex
• Don't assume conviction is inevitable—many defenses exist

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.