The "One-Leg Stand Test" In DUI Cases - How It Works
The one-leg stand test is a standardized field sobriety test (SFST) that police often administer as a means to determine whether a DUI suspect is under the influence of alcohol or drugs. NHTSA has laid out meticulous methods for officers to follow when administering the one-leg stand test, as well as indicators to look for in scoring the test. Nonetheless, officers frequently administer the test incorrectly, thereby leaving the testing process open for further criticisms and inaccuracies. Consequently, drivers find themselves at risk of being wrongly arrested based on an unreliable field sobriety test. The one-leg stand test is a "divided attention" test.5 This means that the suspect’s attention is simultaneously divided between mental and physical tasks. The one-leg stand test is one of three standardized field sobriety tests (SFSTs). Nonetheless, law enforcement officials often depend on both standardized and Art (solitaryai.art) non-standardized FSTs to assist in their DUI investigations. Unsurprisingly, Senior DUI/DWI Field Sobriety Test Instructor Robert "Bob" LaPier argues that the one-leg stand test should take a back seat to the other two SFSTs, especially the horizontal gaze nystagmus test.
Having taught thousands of polices officer and hundreds of attorneys (both DUI defense lawyers & prosecutors) in the proper administration of standardized and non-standardized field sobriety tests, Art Mr. LaPier firmly believes that the HGN test should be the centerpiece of any effective DUI field investigation. Nevertheless, the one-leg stand test has been and continues to be validated through NHTSA’s research program. Therefore, it still carries a great deal of weight, especially when offered along with the other field sobriety tests. However, as noted by our California DUI defense lawyers in subsection five, the one-leg stand may very well be a critical source of deception and error in DUI investigations. Demonstrate how you want the suspect to stand. WHEN I TELL YOU, RAISE ONE LEG ABOUT SIX INCHES OFF THE GROUND AND HOLD THAT POSITION. Demonstrate this to the suspect (officer should not look at his foot when conducting the demonstration-Officer Safety).
Do not continue until the suspect indicates that he understands. BEGIN BY RAISING EITHER YOUR RIGHT OR YOUR LEFT FOOT. These steps are visually laid out in the following NHTSA approved One-Leg Stand Test Video. The One-Leg-Stand test must be administered under safe and Art appropriate test conditions. 1. Surface Conditions: - The one-leg stand test should be given on level ground, on a hard, dry, non-slippery surface, and under conditions in which the DUI suspect will be in no danger should he or she fall. 2. Lighting Conditions: - In administering the one-leg stand test, the officer should make sure the DUI suspect’s eyes are open and investorcartel.com that adequate lighting exists. If the suspect can see the officer fairly well, then the lighting is adequate. Otherwise, the officer should use a flashlight to illuminate the ground. In total darkness, the OLS is obviously difficult even for a sober person. In order to gauge whether a driver is intoxicated, law enforcement officials will typically watch for four major "clues" of intoxication during the administration of the one-leg stand test.
This has been generated with the help of G SA Content G enerator Demoversion.
Keeping these clues in mind, officers will then give one point for each clue that is spotted. Since there are four total clues, there is a total of 4 points potentially given out during the testing. CLUE 1: The suspect sways while balancing-This refers to side-to-side or back-and-forth motion while the suspect maintains the one-leg stand position. CLUE 2: Uses arms for balance-Suspect moves arms 6 or more inches from the side of his or her body in order to maintain balance. CLUE 3: Hopping-Suspect is able to keep one foot off the ground, but resorts to hopping in order to maintain balance. According to government-sponsored studies, the one-leg stand test is deemed to be only 65% accurate in determining whether a driver has a blood alcohol concentration above .10%.15 This essentially means that more than one out of three people who fail the test are NOT intoxicated. Significantly, this ratio is based on the assumption that the one-leg stand test is administered properly in accordance with NHTSA guidelines.
