Legal Question in DUI Law in Ohio

In Ohio, profiling is not illegal. Profiling because someone is a member of a certain protected group (race, religion, sex, etc.) might be actionable however.

As for coming out of a bar, if the person is free to walk away and not participate in the FSTs, then there is nothing improper about asking someone in public to submit to voluntary testing. If the police are getting to you before you get in your car, then they are actually doing you a service if they convince you not to drive if you might be over the limit. Far better to test when you are not behind the wheel than if you have already driven and been pulled over.