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The Tests at the Roadside

ORC 4511.19 — the three standardized tests, and what they are not

Three tests are treated as standardized in Ohio: horizontal gaze nystagmus, the walk and turn, and the one leg stand. The statute lets an officer testify to the results, and the prosecution use them, only where it is shown by clear and convincing evidence that the officer gave the test in substantial compliance with the testing standards in effect at the time, including those set by the National Highway Traffic Safety Administration.

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Who handles this in Ohio: Ohio State Bar Association lawyer referral; and legal aid programs and the state offices, listed in the Ohio directory.

  • Horizontal gaze nystagmus is the eye test, where the officer moves a stimulus across the field of vision and watches for involuntary jerking.
  • The walk and turn is nine heel to toe steps along a line, a turn, and nine back.
  • The one leg stand is one foot roughly six inches off the ground while counting aloud.
  • ORC 4511.19

These are not the chemical test, and implied consent does not reach them. Ohio's implied consent statute is about chemical tests of breath, blood or urine after an arrest. The roadside tests sit before an arrest and are a different thing. The administrative license suspension that attaches to refusing a chemical test does not attach to these, which is the single most confused point on this subject.

  • ORC 4511.191
  • ORC 4511.19

What the results are used for is establishing probable cause to arrest, and then as evidence of impairment at trial. Substantial compliance is the standard the statute sets, so how the test was given is itself a question in the case rather than a formality.

  • ORC 4511.19
  • U.S. Const. amend. IV
  • The officer may testify to a roadside test's results, and the prosecution may introduce them, where it is shown that the test was given in substantial compliance with the testing standards then in effect. That has to be shown by clear and convincing evidence, the higher civil burden, and a bare showing that the tests happened is not it.
  • Where the results come in, the judge or jury gives them whatever weight it considers appropriate. Admitted is not the same as conclusive.
  • Results kept out for want of substantial compliance do not end the probable cause question. The court may still weigh the rest of what the officer saw, such as the driving, the odor and what was said.
  • No Ohio statute makes declining the roadside tests a separate offense. Implied consent, and the suspension for refusing, belong to the chemical test after an arrest.
  • ORC 4511.19
  • ORC 4511.191
The questionThe roadside testsThe chemical test
The questionWhenThe roadside testsBefore an arrest, at the roadsideThe chemical testAfter an arrest, at the station or a hospital
The questionWhat it measuresThe roadside testsPerformance the officer observes and scoresThe chemical testAlcohol or drug concentration in breath, blood or urine
The questionGoverned byThe roadside testsSubstantial compliance with the testing standardsThe chemical testThe implied consent statute
The questionRefusing carries an administrative suspensionThe roadside testsNoThe chemical testYes
  • ORC 4511.19
  • ORC 4511.191

A portable breath device used at the roadside is treated differently from the evidential test taken after an arrest, and Ohio courts have limited what a roadside reading may be used for. That is an argument a lawyer makes on the facts of a case rather than a rule this page can state flatly.

  • ORC 4511.19
  • ORC 4511.191
Sources for this section (3)
  1. ORC 4511.19 — Operating a vehicle under the influence of alcohol or drugs (OVI)
  2. U.S. Const. amend. IV — Searches and seizures
  3. ORC 4511.191 — Implied consent to chemical tests

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Ohio attorney.

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