DUI lawyer explains the one leg stand test

Mark Rollins DUI


DUI lawyer in DC and Maryland explains the one leg stand

So watch the video – Do these instructions sound familiar?

1.Stand with your heels together and your arms at your side.

2. Do not begin until I tell you to.

3. Do you understand?

4.When I tell you, I want you to raise one leg, either leg, approximately six inches off the ground, foot pointed out. Keep both legs straight and keep your eyes on the elevated foot.

5. While holding that position, count out loud; one thousand and one, one thousand and two, one thousand and three, and so forth until told to stop. (Demonstrate raised leg and count)

6. Do you understand the instructions?

7. You may begin the test.

This is one of the three tests that are done by the police officers when trying to find clues of impairment. The one leg stand is one of the three standardized field sobriety tests established by NHTSA. When an officer properly administers the one leg stand test, research has shown that the test to be 65% accurate in determining if a driver has a blood alcohol content level above .10. The test is fairly simple, but an officer must make sure that the subject understands what is required of him or her.  The standard procedure for administering the one leg stand requires an officer both to explain and demonstrate the test. First, the officer demonstrates and explains the proper standing position to the subject. For this, the subject is instructed to stand with feet together and arms down at the sides. Next, the officer instructs the subject to continue to keep his or her hands at the side and raise either leg roughly six inches above the ground. In this position, the subject is asked to count upwards starting at 1 1000, then so on and so forth. Until the subject counts to thirty seconds.  Before the subject begins the test, the officer is required to ask again if there are any questions or doubts as once of him or her. While the subject performs the test, the officer looks for four signs that indicate the person may be intoxicated. Swaying while balancing. All though it is natural for humans to sway slightly in order to keep their balance. The officer is trained to look for marked swaying. Such as, back and forth movement, using the arms to keep balance, if the subject raises his or her arms more than six inches from the side of the body, then this is a sign that he or she is having significant difficulties maintaining balance. Hopping on the anchor foot in order to maintain balance, it is permissible for a person to move the anchor back and forth slightly. Raising it off the ground is not allowed. Resting the raised foot on the ground three or more times during the required thirty seconds, the person is considered unable to complete the test.  The officer considers failing the test if you miss two of those clues. The one leg stand test must be performed on dry, hard, level land. If a person is wearing heels above two inches, he or she is allowed to remove them. The elderly people with back, leg or middle ear problems and overweight (50 pounds or more) have problems completing this test.   This test is hard to do even if completely sober because it requires balance.