Sheriff's major Heath Tester pleads no contest to DUI, is fined and put on probation; disciplinary hearing Monday

Lorain County Sheriff's Maj. Heath Tester has been placed on probation for two years, ordered to attend a three-day alcohol intervention program and fined after being convicted of a misdemeanor drunken driving charge. Tester, 55, of Vermilion, pleaded no contest Tuesday in Norwalk Municipal Court to DUI, a misdemeanor after his July 17 arrest by Norwalk police. Norwalk is in Huron County, west of Lorain County. A no contest plea means a defendant does not admit guilt but accepts the charge and the sentence. Judge Eric Weisenburger accepted the plea and made a finding of guilty. Tester was sentenced to 90 days in jail, with 87 days suspended on the condition he attend a three-day alcohol intervention program by Nov. 4. If he does, the remaining jail time will be suspended. He was fined $750 and ordered to pay $154 in court costs within 90 days, and a Nov. 12 sentencing review hearing will be canceled as long as Tester pays his fine in full by then, according to Norwalk Municipal Court records. Tester also was placed on two years probation, with orders to show proof of six months worth of substance abuse counseling by March 4. Tester's driver's license remains suspended until July 17, 2027, with limited privileges. A misdemeanor charge of improper turn at an intersection was dismissed. Tester had been at a golf outing fundraiser in Wellington on July 17 for Sheriff Jack Hall's reelection campaign. Through his attorney, Jonathan McGookey, Tester provided the following statement to The Chronicle-Telegram: "I made a serious and unacceptable decision, and I take full responsibility. I entered my plea promptly because I wanted to accept accountability without excuses or delay," he wrote. "That evening was meant to support a charitable cause, which makes my actions especially disappointing. I became a law enforcement officer because I genuinely want to help people and serve the public. On this occasion, I failed to live up to that purpose and the high standard expected of me. "I am grateful no one was injured. I am deeply sorry to my family, fellow officers, the charitable organization and the community I have been privileged to serve," Tester wrote. "I am accepting the consequences, taking steps to ensure this never happens again, and remain committed to doing good for the community. I understand that trust must be earned through my actions." Hall said Tester reported his arrest to his commanders the day after it happened and that he was placed on paid administrative leave pending an internal investigation. Tester returned to duty Wednesday after just over two weeks on paid administrative leave, but Hall said he still faces a disciplinary hearing on Monday. Hall said Tester will get the same due process as anyone else in the Sheriff's Office would. Chief Deputy Tanya Czack is conducting the internal investigation, and a disciplinary decision will be made after Tester has a chance to give his account, Hall said. The Sheriff's Office has obtained Norwalk police records of the arrest and will review them before a decision is made. Hall said his office didn't obtain them until after Tester resolved the criminal case because "we did not want there to be any possible appearance of undue influence or anything." "We take this very seriously," Hall said. Norwalk police stopped and arrested Tester after witnesses reported his 2016 Chevrolet Silverado driving erratically through the Huron County seat on July 17. The police report said Tester passed other motorists, including an off-duty Norwalk police officer on his way to work, in a no-passing zone; drove the wrong way; ran a red light; made turns from the wrong lane; drove over the grass in Norwalk's Workers Memorial Park; and nearly hit other cars. Following a traffic stop, Tester refused sobriety and breath tests and was charged with DUI and improper turning. Because he refused a breath test, he received an automatic one-year administrative license suspension. Norwalk police found Tester to be confused, thinking he was in Oberlin and not Norwalk. Tester first joined the Lorain County Sheriff's Office in 1996. He briefly retired but returned as major in charge of special operations and intelligence when Hall took office in 2025. Contact Dave O'Brien at dobrien@chroniclet.com.