THE ONE-LEG STAND TEST

This is one of the “big three” standardized field sobriety tests that cops are taught to perform in each and every drunk driving investigation.  This particular test requires you to keep one foot off the ground while counting to thirty.  It sounds easy enough, but when you throw in medical problems, or uneven ground, it can get pretty tricky.

HOW TO PERFORM THE TEST

In the One-Leg Stand test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (One thousand-one, one thousand-two, etc.) until told to put the foot down.  The officer times the subject for 30 seconds. The officer looks for four indicators of impairment, including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down.

HOW COPS TYPICALLY PERFORM THE TEST

As with all standardized field sobriety tests, there is a proper method to performing the one-leg stand test.  And although there is a proper method, chances are the cop in your case didn’t do it right, or didn’t know what they were supposed to be looking for.  It seems like every time I read a drunk driving owi dui police report, the cops will quickly state that my client failed this test, yet they don’t list why.  In fact, what usually happens is that the cop will say that you failed because you failed one of the four factors involved in the test.  However, as we know, you need to fail at least two factors for there to be any indication of possible intoxication.

THIS TEST IS NOT EASY

Out of the “big three” tests, in my opinion, it is the most physically challenging test.  Because of this, I always tell the jury how hard the test is for anybody to perform, let alone under the extreme fear that my clients are feeling when the cops are breathing down their necks.  What happens is that the jurors will go back to the jury room and the first thing they will do is attempt to try the test.  Needlesstosay, they will find it as difficult as you did.