The Walk and Turn and One Leg Stand
As was previously discussed, the Walk and Turn and One Leg Stand field sobriety tests require a person to divide their attention between mental and physical tasks. Due to the physical elements of the tests there are several things that officers have to ensure before administering the tests.
First the officer must medically qualify the person. This means that the officer asks the person if they have any issues that would affect their ability to be able to perform the field sobriety tests. This is important because there are many other factors outside of alcohol and drugs that can cause a person to have difficulty on the tests, and the officer needs to try to exclude as many as possible. According to the research, people with leg, back, inner ear problems, or who are over (65) years of age will have difficulty performing both tests. The research also states that people (50) or more pounds overweight will have difficulty performing the One Leg Stand. If these conditions are present, the officer should only administer HGN. Clearly it is a very important step for an officer to do, but it is often skipped or not adequately addressed. This will affect the accuracy of the tests.
Next make sure the field sobriety tests are performed on a relatively smooth, dry, flat, and hard surface. The surface also needs to be free of debris. This doesn’t mean that the surface needs to be perfect, but that the surface is not going to impact the person’s ability to perform the tests. When the field sobriety tests are performed on a grade, the person should be placed in a position to do the tests with the grade. This means that they are facing up hill or down hill, but not sideways to hill. If they are performing the tests sideways to the grade, it would make it more difficult for even sober people to maintain their balance.
Lastly allow the person to take off certain footwear. Many types of footwear can cause people to have difficulty performing the field sobriety tests. Some examples are; flip flops, platform shoes, and shoes with heels of more than (2) inches. Many people can comfortably walk all day with no difficulty with these types of footwear. The issue comes when doing tests that require walking heel to toe, and standing on one foot. The field sobriety tests have many technical aspects that the officer is looking for, and these types of footwear may affect their performance in a negative way. If the person removes their footwear, there are now several additional factors that may impact the test. Is the surface cold, hot, or wet? These issues may make it more difficult for the person to perform the tests. Also, if there is debris on the surface, the person might step on it and try to complete the test with a painful foot.
All of these elements need to be evaluated by the officer to try to eliminate outside factors from impacting the test.
Administration of the Walk and Turn and One Leg Stand: There are many steps that are required by NHTSA for an officer to administer the tests correctly.
For the Walk and Turn, the officer must first have the person get into the Instructional Position. This position requires the person to stand with their right foot in front of their left and touching heel to toe. The person is also required to keep their arms down to their side. The officer instructs the person to remain in that position and not to start until instructed to. The officer then is required to ask the person if they understand the instructions so far, and obtain a verbal response that the person does understand.
The officer is looking for (2) clues in the Instructional Phase:
1. Starts too soon (the person starts before instructed to)
2. Unable to maintain balance while listening to instructions (the person moves their feet from the heel to toe position)
The officer then instructs the person that they will take (9) heel to toe steps forward, turn around, and take (9) heel to toe steps back to where they started. The person is instructed to turn by leaving their lead foot on the line and turn taking a series of small steps. The officer also instructs the person during the test they need to: count each step out loud, look down at their feet, keep their arms to their side, and not stop until the test is complete. The officer is also required to provide a demonstration. The officer then is required to ask the person if they understand the instructions, and obtain a verbal response that the person does understand.
The officer is then looking for (6) clues in the Walking Phase:
1. Stops to balance
2. Misses heel to toe (one half inch or more is counted as a clue)
3. Steps offline (completely off the line)
4. Raises arms for balance (six inches or more is counted as a clue)
5. Incorrect number of steps
6. Improper turn
Each clue can only be counted against a person (1) time, but (2) or more clues is said to indicate that the person is at above the legal limit with 79% accuracy.
For the One Leg Stand, the officer must first have the person get into the Instructional Position. This position requires the person to stand with their feet together (side by side). The person is also required to keep their arms down to their side. The officer instructs the person to remain in that position and not to start until instructed to. The officer then is required to ask the person if they understand the instructions so far, and obtain a verbal response that the person does understand.
The officer is looking for (0) clues in the Instructional Phase.
The officer then instructs the person that they will raise a foot approximately (6) inches off the ground. The person is instructed to look at their raised foot, count out loud (one-thousand one, one-thousand two and so on), keep their arms to the side without raising them, keep both legs straight, and their raised foot parallel to the ground. The officer is also required to provide a demonstration. The officer then is required to ask the person if they understand the instructions, and obtain a verbal response that the person does understand. The officer will then time the test for (30) seconds.
The officer is then looking for (4) clues in the Balance and Counting Phase:
1. Puts foot down
2. Sways (clearly observable sway)
3. Raises arms (six inches or more is counted as a clue)
4. Hops
Each clue can only be counted against a person (1) time, but (2) or more clues is said to indicate that the person is at above the legal limit with 83% reliability.
Many times officers make mistakes in the manner in which they instruct and demonstrate the Walk and Turn and One Leg Stand field sobriety tests. There are also many clues that involve officer discretion to count the clue or not count the clue. A DUI/SFST expert can review your case and determine if the officer followed the NHTSA guidelines, and assist your attorney in reducing the amount of weight and credibility that these tests receive in a trial.
About the author: Joshua Ott operates Caselock Inc., specializing in expert testimony and reviews for cases involving alcohol and/or drug impairment. Joshua has extensive knowledge and training obtained from ten years as a police officer in Metro Atlanta. He has extensive experience training law training law enforcement officers as well as courtroom preparation and testimony. He resides in Woodstock, Georgia with his wife, daughter and Miniature Schnauzer, Gus. For more information, visit caselockinc.com.