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On October 23, 2026, Ohio's Second District Court of Appeals decided State v. Impson, 2026-Ohio-4182, and upheld throwing out the results of a horizontal gaze nystagmus (HGN) test in an OVI case. The officer didn't give the test the way the NHTSA standards require, including holding the eye at maximum deviation for at least 4 seconds, so the results couldn't be used against the driver. The ruling shows that field sobriety tests only count when they're done by the book. As an SFST-certified OVI defense attorney, I review how every test in a case was given and challenge the ones that weren't done properly. If you've been charged with OVI in the Dayton area, call Fogt Law at (937) 254-2600.

In Ohio, OVI charges apply not only to operating a vehicle under the influence of alcoholic beverages, but also to any “drug of abuse,” which includes all controlled substances, harmful intoxicants, and dangerous drugs defined by Ohio law. Secondly, our state has opted to use the phrase “Operating a Vehicle,” which Ohio law defines as “to cause of have caused movement,” rather than the word “Driving.”

Overview of an OVI