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DUI / OVI Field Test Evidence

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The defendant-appellant in this case was pulled over under suspicion of driving under the influence after a call from a concerned individual. The patrol officer that pulled her over immediately noticed that the woman had bloodshot and glassy eyes, a strong odor of alcohol and two beers on her front seat, one of which was opened and the other unopened. After making these observations, the patrol officer asked her to submit to standardized field sobriety tests. The results of these tests warranted an arrest. The defendant was taken to the Office of the Knox County Sherriff where she was asked to take a chemical breath test. She failed to comply and was cited with refusal. In this OVI case, the woman was convicted for driving under the influence and endangering a child. She appealed her conviction. In OVI prosecution, defendant waived challenge at trial to execution of field sobriety tests where she did not challenge the evidence with a motion to suppress since she withdrew motion, Crim.R. 12(D) and (H).