State v. Nation, 2023 Ohio 106

On Sept. 5, 2020 Deputy Bretzloff stopped Brandon Nation after observing him drive the wrong way on a one‑way/closed construction street.
Upon contact Nation had slurred speech, bloodshot/glossy eyes, and a strong odor of alcohol; four empty beer cans were found in the vehicle and a passenger admitted drinking "a little."
Bretzloff administered standardized field sobriety tests (HGN, one‑leg stand, walk‑and‑turn); Nation refused a preliminary breath test and was arrested for OVI.
Nation moved to suppress, arguing the officer did not substantially comply with NHTSA SFST standards (so results were inadmissible) and there was no probable cause to arrest.
Trial court denied the motion; Nation pleaded no contest to physical control while impaired; appealed the denial of suppression.
Appellate court held HGN was not administered in substantial compliance (should be suppressed) but the one‑leg and walk‑and‑turn were substantially complied with; on the totality of circumstances there was probable cause, so the suppression denial was harmless and judgment affirmed.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Nation)	Held
Whether SFST results are admissible for probable‑cause when officer did not strictly follow NHTSA for HGN and was imprecise about other tests	State: Officer substantially complied with NHTSA for one‑leg and walk‑and‑turn; any HGN defects do not negate probable cause because other admissible FSTs and observations support arrest	Nation: Officer failed to substantially comply with NHTSA (couldn’t recall clues, did fewer passes, didn’t hold stimulus as required), so SFST results should be excluded and cannot support probable cause	Court: HGN not in substantial compliance (should be suppressed) but one‑leg and walk‑and‑turn were substantially complied with; HGN error was harmless
Whether officer had probable cause to arrest for OVI	State: Probable cause based on driving the wrong way, odor of alcohol, bloodshot/glossy eyes, empty cans, passenger’s admission, and poor SFST performance	Nation: Without properly conducted SFSTs the remaining facts (document production, disputed speech characterization) are insufficient for probable cause	Court: Totality (traffic violation, odor, eyes, cans, passenger admission, poor one‑leg & walk‑and‑turn) provided objective probable cause; arrest upheld

Whren v. United States, 517 U.S. 806 (traffic stop reasonable where officer had probable cause for a traffic violation)
Brinegar v. United States, 338 U.S. 160 (probable cause definition under Fourth Amendment)
State v. Burnside, 100 Ohio St.3d 152 (standard of review for suppression; trial court findings of fact afforded deference)
State v. Homan, 89 Ohio St.3d 421 (discussing substantial‑compliance/de minimis deviation principle in chemical testing context)
State v. Codeluppi, 139 Ohio St.3d 165 (SFST results admissible only if officer shows substantial compliance with NHTSA guidelines)
State v. Boczar, 113 Ohio St.3d 148 (addresses constitutionality of R.C. 4511.19(D)(4) and requirements for SFST challenges)