Understanding DUI/DWI Arrests and the One-Leg Stand
If you have ever been pulled over by a police officer, even if for a simple traffic violation, you know it can make you nervous. A nervous state, however, is not your friend if that traffic stop turns into a drunk driving investigation and you are asked to perform a one-leg-stand test (OLS). Being nervous alone could cause you to fail, and failure of this field sobriety test can be the basis for probable cause to take you into police custody.
C. Thomas Brown, DUI/DWI defense lawyer, explains what you should know about the one-leg-stand test.
What is a One-Leg Stand Test?
The one-leg stand test is a standardized field sobriety test (SFST) used by the police to determine if a driver is operating a vehicle while under the influence of drugs or alcohol. A vehicle can include a passenger car, truck, motorcycle, boat, or any other vehicle as defined by state statute.
The OLS is one of three SFSTs recognized by the National Highway Traffic Safety Administration (NHTSA). As a standardized test, the results can be used as evidence in DUI cases.
The OLS must be administered under specific rules. Police are trained on how to administer the OLS during DUI/DWI investigations, but that does not mean they properly administer this field sobriety test.
How is the OLS Test Administered?
The one-leg stand test requires the individual to stand on one foot with the other elevated approximately six inches from the ground. While maintaining balance, the individual must count aloud until the law enforcement officer orders the individual to stop and put their foot down.
The individual must also keep their eyes on the elevated foot while counting and maintaining balance.
The OLS requires the ability to multitask.
How is the OLS Measured?
The one-leg stand test supposedly estimates a person's unlawful intoxication by using clues. There are certain “clues” an officer looks for while you stand with one leg up, counting aloud.
Swaying back and forth or side to side while balancing. The sway should be at least one-inch off center. If you cannot maintain your balance, you fail this clue.
2. Raising arms for balance. You should be able to raise your arms more than six inches from your side. If you cannot maintain your balance, you fail this clue.
3. Putting a foot down. The officer will note how often you let your foot drop to the ground while counting and not being told to stop. You may fail this clue if you drop your elevated foot three or more times within the 30-second period.
Challenges to the One-Leg Stand Test
Although the one-leg stand test is a commonly used field sobriety test, it is fraught with problems, making it unreliable and vulnerable to challenges in court.
Environmental Factors
Environmental factors could distract or otherwise disrupt an OLS in progress. Environmental factors include things like:
- Noise made by heavy traffic.
- Road conditions, like gravel or uneven roads
- Weather conditions, like rain, fog, snow, freezing temperatures, etc.
- Time of day, like nighttime when it is hard to see due to darkness or an officer's patrol lights, or daytime when the sun is glaring in your eyes.
These conditions are enough to distract any person, but having to perform an OLS and can lead to misguided or inaccurate results.
Health and Medical Conditions
Sometimes, a person may have a health or medical condition that makes it hard to perform the OLS test. These health conditions can be physical, mental, or emotional. A person with physical impairments like hearing loss or foot injuries should not perform this test. People over 65 should not perform this test. As for mental and emotional problems, a common condition is anxiety – anxiety can affect a person's performance to their detriment.
That said, the act of standing on one foot is unnatural. Failure can result from simply failing to perform an unnatural task.
As a DUI/DWI defense attorney, we evaluate how any conditions may have affected your performance.