10 December

Is The Smell Of Alcohol Enough To Justify Field Sobriety Testing?

Standardized Field Sobriety Tests: Is Smell Enough?

Some Ohio courts have upheld determinations that the mere presence of a moderate to strong odor of alcohol, coupled with a proper initial stop, is sufficient to justify the administration of field sobriety tests. See, e.g., State v. Tackett, 2d Dist. No. 2011-CA-15, 2011-Ohio-6711 (“[t]his court has, however, repeatedly held that a strong odor of alcohol alone is sufficient to provide an officer with reasonable suspicion of criminal behavior”). See also State v. Schott, 2d Dist. No. 1415, 1997 Ohio App. LEXIS 2061 (May 16, 1997); State v. Haucke, 2d Dist. No. 99 CA 77, 2000 Ohio App. LEXIS 1049 (Mar. 17, 2000); State v. Turner, 4th Dist. No. 812, 1993 Ohio App. LEXIS 40 (Jan. 11, 1993). Please note that Dayton and most of the Miami Valley is in the Second Appellate District which has adopted this as the court’s standard.

Other districts have required the presence of additional factors in order to uphold testing. See, e.g., State v. Appelhans, 6th Dist. No. WD-10-026, 2011- Ohio-487 (affirming denial of a suppression motion based upon glassy eyes, slurred speech, odor of alcohol, and refusal to blow into a portable breathalyzer device); State v. Koogler, 12th Dist. No. CA2010-04-006, 2010-Ohio-5531 (reversal of suppression based on odor of alcohol, glassy eyes, and passenger’s possession of an open container); City of Cincinnati v. Bryant, 1st Dist. No. CA-090546, 2010-Ohio-4474 (reversal of suppression based on erratic driving, moderate odor of alcohol, slurred speech, watery and glazed eyes, confusion and clumsiness while retrieving insurance card and exiting vehicle, and admission of alcohol consumption); State v. Burwell, 3d Dist. No. 12-09-06, 2010-Ohio-1087 (affirming denial of a suppression motion based on the early morning hour on a Saturday, erratic driving, odor of alcohol, glassy and bloodshot eyes, and admission of alcohol consumption); State v. Foster, 5th Dist. No. 2009AP020007, 2009-Ohio-4764 (reversal of suppression based on odor of alcohol, early morning hour, guarded and nervous demeanor, driving on a flat tire, and admission of alcohol consumption); State v. Hill, 7th Dist. No. 07-CO-12, 2008-Ohio- 3249 (affirming denial of a suppression motion based on erratic driving, moderate odor of alcohol, bloodshot and glassy eyes, and slurred speech); City of Strongsville v. Troutman, 8th Dist. No. 88218, 2007-Ohio-1310 (affirming denial of a suppression motion based on early morning hour, glassy eyes, slurred speech, moderate odor of alcohol, presence of beer in the back seat, and admission that defendant was coming from a bar).

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights,Beavercreek, and throughout Ohio. He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense. Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263). For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671. For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500. Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook,www.facebook.com/daytondui and on the DaytonDUI channel on YouTube. You can also email Charles Rowland at: CharlesRowland@DaytonDUI.comor write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.