DWI One Leg Stand Test Accuracy
During a driving while intoxicated (DWI) arrest, there are three standardized field sobriety tests that a police officer may ask you to perform: the one-leg stand test, the walk-and-turn test, and the horizontal gaze nystagmus test. You should contact an attorney as soon as possible if you were arrested after failing one or more of these field sobriety tests.There are many who question the accuracy of the DWI one-leg stand test. This test is far from scientific, and is no substitute for a chemical test when determining the level of a driver’s intoxication.
To administer the one-leg stand test, the officer must ensure that the surface is dry, hard, level, and non-slippery. If the weather or wind conditions are less than ideal, it may affect the accuracy of the test. Drivers over the age of 65, more than 50 pounds overweight, or with certain physical impairments should not be asked to perform the one-leg stand test. Women who are wearing high heels should be allowed to remove their shoes.
There are two different phases of the one-leg stand test, the first being the instruction phase. During this phase, the officer gives verbal instructions for the test and also demonstrates how the test should be performed. The driver must stand with his or heels together and arms at the side during this period. After the instructions have been given, the officer will ask the driver if he or she understands.
The next step is the balancing and counting phase. The driver must stand on one leg (whichever he or she prefers) with the other foot raised six inches off the ground. He or she must then count to thirty, counting as “one-one thousand, two-one thousand.” The driver must look down at his or her foot during the test and keep his or her arms down during the test.
During the test, the officer is looking for clues of intoxication. These may include hopping, problems balancing, using arms to balance, or stumbling. If the driver shows any of these signs, he or she will fail the test and may be arrested for drunk driving.
If you are like most people, you probably have problems balancing on one leg while sober. Your defense attorney may call into question the DWI one-leg stand test accuracy.
Contact an experienced DWI defense lawyer today to begin fighting your drunk-driving charges. DWI Walk and Turn Accuracy
Of the three standardized field sobriety tests, the walk-and-turn test is the most well known. The walk-and-turn test is known as a divided attention test, which means that the driver’s attention is divided between listening to the instructions and performing the physical task.
As with the one-leg stand test, there are two stages for the walk-and-turn test—the instruction stage and the performance stage. During the instruction stage, you will be asked to stand heel-to-toe with your hands by your side while the officer goes over the instructions. The officer must give verbal instructions and demonstrate how the test will be performed.
During the performance stage, you will be asked to walk nine heel-to-toe steps, pivot, and then walk nine heel-to-toe steps back to the starting position. While performing the test, you will be asked to count your steps and look down at your feet.
The officer looks for eight clues while you perform the test. These include: trouble balancing during the instruction phase, starting the test too soon, stopping during the test, not walking heel-to-toe, stepping off of the line, using your arms to balance, taking the incorrect number of steps, and losing balance during the turn. If you display two or more clues, the officer may assume that your blood alcohol content (BAC) is .10 percent or higher (the legal limit across the United States is .08).
There are many questions regarding the DWI walk-and-turn accuracy. For example, many officers believe that it is acceptable to have the driver walk an imaginary line. Nothing could be further from the truth – the National Highway Traffic Safety Association (NHTSA) manual states that in order to properly administer the test, the driver should walk on a real line. It is much harder for someone to stay on an imaginary line than a real line.
The test must also be administered in a safe area on a hard, dry, and level surface. Taking the test on a slippery surface or on a curve may be dangerous to both the driver and the officer. Certain people are not candidates for the walk-and-turn test – if the driver is over 65 years old, more than 50 pounds overweight, or has a physical condition, he or she should not be asked to perform the walk-and-turn test.
Do you have questions about the DWI walk-and-turn accuracy? If so, you should contact an experienced DWI defense lawyer today!
