The Twelfth District provides an overview of the requirements for field sobriety tests.

State v. Deluca, 2017-Ohio-1235 (12th Dist.)

https://www.supremecourt.ohio.gov/rod/docs/pdf/12/2017/2017-Ohio-1235.pdf

April 3, 2017

The Twelfth District reviewed a motion to suppress raising issues with field sobriety tests. Because the court found the motion to be boilerplate, it placed only a slight burden on the State to respond. However, it provided a concise summary of field sobriety tests:

Walk-and-Turn Test

{¶ 12} Regarding the walk-and-turn test, the NHTSA manual instructs the officer to direct the subject to stand heel-to-toe, keep his hands at his side, and listen to instructions for how to perform the test. Once the instruction phase is complete, the subject is to comply with the instructions given for performing the test by taking nine heel-to-toe steps in a straight line (real or imaginary) in one direction, turn, and then take nine heel-to-toe steps back down that same line to the starting point. The NHTSA manual lists eight clues the officer should look for as the subject completes the test. These clues are whether the subject: (1) cannot keep his balance while listening to the instructions; (2) starts to perform the test before the instructions are finished; (3) stops while walking; (4) does not touch heel-to-toe; (5) steps off the line; (6) uses his arms for balance; (7) conducts an improper turn; and, (8) completes an incorrect number of steps. According to the NHTSA manual, the observation of two or more clues suggests impairment.

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One-Leg-Stand Test

{¶ 14} Regarding the one-leg-stand test, the NHTSA manual states that the officer should instruct the subject to listen to instructions on how to perform the test while keeping his feet together and arms at his side. The subject should then be instructed to raise one leg (either leg) with the foot approximately six inches off the ground, keeping his legs straight and arms at his side and count "one thousand one, one thousand two, one thousand three, and so on until told to stop." The officer is instructed to time the test and to terminate it after 30 seconds. The NHTSA manual lists four clues that the officer should look for as the subject completes this test. These clues are whether the subject: (1) swayed while balancing; (2) used his arms for balance; (3) hopped; or, (4) put his foot down. According to the NHTSA manual, the observation of two or more clues suggests impairment.

The court did not review the HGN test because the trial court had suppressed those results.