7 Comments on “is it ok to get arrested for a dui even though all the sobriety tests were passed in ohio?”

• 
  Williams wrote on 23 Jan 12, 0:36

  He refused. Therefore he failed to cooperate & was arrested. It’s perfectly fair. It’s his own fault.
• 
  Common Sense in Exile wrote on 23 Jan 12, 1:25

  Yes. It’s up to the officer. There was obviously a reason other tests were applied. It all leads to the chemical tests at the station which are used in court. Many drunks are able to skate through the FST’s. It’s the blood, breath or urine that actually determines the case. The officer needs the arrest to perform the more scientific testing.
• 
  lightwyn wrote on 23 Jan 12, 1:45

  In most states, including Ohio, refusal of a breathalyzer test to determine blood alcohol content while driving leads to an automatic license suspension for one year (for first offense). All a police officer needs is a reasonable suspicion that he has been drinking to request that he take a breathalyzer test. The person is generally arrested, booked and then sentenced to a year of a suspended license, sometimes with additional requirements (court mandated AA, etc depending on the circumstances).
• 
  robsmom wrote on 23 Jan 12, 1:52

  what do you mean by a “second test”? was it at the same place that he was orininally stopped and tested at? Was it a day later? Normally all the tests are done on the spot. Balance, walking, finger to nose…all on camera..and then the breathalizer. Once the person has been tested and released or taken to jail I would “assume” THAT would be it. I sortof get the feeling that you are saying that they may have messed up and “forgot”something and now want to cover their mistake…..? If it was all at the first location and he refused the breathalizer then that is, in most states, an immediate loss of license for one year.
• 
  Capt. Havoc wrote on 23 Jan 12, 2:48

  If the cops thought he was drunk enough, even if he refused the field sobriety tests they could still arrest. There are some people who make an art of passing sobriety tests while drunk. The officers are perfectly within their rights to arrest him, as field sobriety tests are only something that officers can use to help them come to a decision as to what to do next. The results of a field sobriety test are not legally binding, and officers do not have to let someone go just because they passed the tests. Your boyfriend was probably doing something that convinced the officers he was drunk, despite passing the sobriety tests.

  I suspect you’re not giving us the full story, and that your boyfriend likely refused a breath test after the sobriety tests, which is an automatic arrest in almost every jurisdiction in the country.
• 
  Kevin wrote on 23 Jan 12, 2:54

  Why do you have the impression that he “passed” the tests he did agree to take?

  The standard field sobriety tests include several tests, so a “second” test would just be getting started.

  In addition to the tests the Officer is using other things to determine if someone is impaired, his manner of driving, his coordination and fine motor skills, any odor of alcoholic beverage, and several other things.

  The tests often times are icing on the cake. The Officer NEEDS probable cause to make an arrest. Which would be articulated in his report.

  Did he pass the breathalyzer test back at the Police Station?????
• 
  FrogMiller wrote on 23 Jan 12, 2:59

  Thanks for your question.

  The answer is no, but it definitely happens. Officers use field sobriety tests (FSTs) to help support probable cause. However, if he passed the fsts, then it will be more difficult for the officers to argue that they had cause to arrest. If so, a motion to suppress evidence, suppressing all the evidence seized after the stop and investigation, might be successful, and may lead to a complete dismissal of all the charges.

  Thanks again, and all the best to you.

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