Walk-and-Turn Test
Field sobriety tests are roadside tests police conduct during a traffic stop to determine if a driver is impaired or unlawfully under the influence of alcohol or another chemical substance. The walk-and-turn test is one of the most used field sobriety tests. This test is what's known as a divided attention test: the police get you to shift conscious attention from one task (standing without staggering) to another task (listening to instructions).
The National Highway Traffic Safety Administration (NHTSA) also considers it one of three standardized field sobriety tests, meaning the results can be used as evidence against you.
Administration of the Walk-and-Turn Test
During the walk-and-turn test, the police should provide unequivocal instructions and demonstrate the task before you begin the test.
The test involves walking in a straight line, heel to toe, for approximately nine steps with your arms at your side. Then, after the nine steps, you turn around and walk back to the starting point in the same heel-to-toe manner.
The NHTSA requires specific conditions for the test to be performed correctly.
1. A designated straight-line
2. A reasonably dry, hard, level, non-slippery surface
3. Adequate room for nine steps
4. An option to remove shoes with heels two inches high
Walk-and-Turn Test Clues
The purpose of field sobriety tests is to identify "clues" that indicate you are impaired. The walk-and-turn test incorporates eight clues:
1. Lack of balance while following instructions
2. Beginning before being instructed to begin
3. Failing to touch your heel to your toe while walking
4. Stepping off of the straight line
5. Stopping while walking
6. Raising or moving arms to maintain balance
7. Making an improper turn
8. Taking more or fewer than nine steps
Problems with the Walk-and-Turn Test
The walk-and-turn test is not a reliable way to determine unlawful intoxication. Problems often involve how the test is administered, pre-existing physical or mental conditions, and unsatisfactory environmental conditions.
Police Error
The police make mistakes. They may not provide proper instructions or may misinterpret the test. For example, an officer may count a person's slow walk as a clue for stopping while walking. Slow walking, however, is specifically identified by the NHTSA as not stopping, but it's hard to determine what's slow and what's stopping. It all depends on the officer's point of view or interpretation.
Health Conditions
Research by the NHTSA has shown this test is not suitable for anyone who:
- is over the age of 65
- has back or leg problems
- has middle ear problems
However, other health issues, whether physical or mental, can negatively affect a person's performance. Anxiety is a severe health condition. Sufferers of anxiety can experience an anxiety attack from the traffic stop alone, plus being asked to perform a divided attention test.
Environmental Conditions
The NHTSA requires a specific environment for this test to be correctly performed. Unfortunately, you cannot choose where you are pulled over for a traffic stop. There is no guarantee that the ground will be level and non-slippery or enough room will be available to complete the test safely.
Further, other environmental conditions can cause distractions and disruptions, such as:
- loud, heavy traffic
- weather conditions (rain, snow, cold, heat)
- glaring sun or no sun, making it difficult to see
Why These Problems Matter
These problems matter because if you fail the test, it's used to influence a judge or jury you were impaired while operating a vehicle. Field sobriety tests are used to create probable cause. Probable cause is required for an arrest. When field sobriety tests are unreliable and probable cause is based on them, you suddenly face possible criminal charges that are unnecessary. The whole process can be emotionally exhausting, time-consuming, and costly.
Five Ways to Challenge Field Sobriety Test
If you took and failed a field sobriety test, like the walk-and-turn test, you must challenge the test result by all means possible. These results can be used against you in court. The strategy used to challenge FST's depends on the facts and circumstances.
1. Did the officer administer the tests improperly or fail to provide adequate instructions?
2. Did the road, traffic, or weather conditions impact performance?
3. Did your shoes, clothing, or health condition impact your performance?
4. Was the officer's subjective assessment flawed?
5. Were your constitutional rights violated? You have certain rights, and if the police violated any of these rights, evidence obtained because of the violation could be suppressed from evidence.
It is critical to speak to a defense attorney to ensure you know your rights and how to fight drunk driving charges.
Contact C. Thomas Brown, DUI/DWI Defense Attorney
Walk-and-turn tests are often unreliable and can be challenged. C. Thomas Brown and Tina Harris will review the circumstances of your DUI/DWI event and challenge any results from field sobriety tests, breath tests, or blood tests. When appropriate, we will file motions to exclude the results from evidence. Contact us today by filling out the online form or calling 410-398-3850 to schedule a Consultation.