State v. Farey, 2018 Ohio 1466

At 12:20 a.m. officer stopped Farey for speeding (radar at 49 in a 40 zone) and observed slight sideways movement but no lane departure.
On contact officer detected odor of alcohol, glassy/bloodshot eyes, flushed face, slow speech and lethargic movements; Farey initially denied drinking then admitted one (later two) beers and said he had been at a bar.
Officer performed HGN in the vehicle (6/6 clues), then completed other field sobriety tests (1/5 one‑leg stand clue; 2/8 walk‑and‑turn clues) and arrested Farey for OVI.
Breath test measured .073 (below legal alcohol limit); urine later tested positive for marijuana and cocaine above statutory per se metabolite limits.
Farey moved to suppress, arguing insufficient reasonable articulable suspicion to conduct FSTs and lack of probable cause to arrest; the trial court denied the motion and this appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether officer had reasonable, articulable suspicion to require field sobriety testing	Officer relied on speeding at night, odor of alcohol, glassy eyes, flushed face, slow speech, lethargic movements and inconsistent statements	Farey argued observations were insufficient (citing similar cases where eyes and odor alone were not enough)	Court held totality (speed + odor + physical signs + inconsistent statements) gave reasonable suspicion to administer FSTs
Whether officer had probable cause to arrest for OVI	Officer pointed to totality: pre‑stop speeding, odor, admissions, poor HGN (6/6), some FST clues and later positive urine for drugs	Farey stressed good performance on two FSTs, lack of observed erratic driving, and breath < .08	Court held totality of circumstances (noted HGN 6/6, odor, admissions, other signs, and drug metabolites) supported probable cause to arrest

Ornelas v. United States, 517 U.S. 690 (1996) (reasonable suspicion and probable cause legal determinations reviewed de novo)
State v. Homan, 89 Ohio St.3d 421 (2000) (totality of circumstances can support probable cause for OVI even without FSTs)
State v. Bresson, 51 Ohio St.3d 123 (1990) (HGN is a reliable indicator of intoxication)
State v. Tallmadge, 96 Ohio App.3d 604 (1994) (HGN plus odor and admission can constitute probable cause)
State v. Heston, 29 Ohio St.2d 152 (1972) (probable cause standard described as what a reasonably prudent person would believe)
State v. Burnside, 100 Ohio St.3d 152 (2003) (appellate review of suppression is mixed question; trial court findings of fact are given deference)