When officers ask stopped drivers who are under suspicion of DUI to perform a field sobriety test like that of the “one leg stand,” it’s not to make them look ridiculous. Our normal abilities have a high resistance to alcohol since they’re motions and actions we have learned almost instinctively. Field testing for impairment must differentiate these well-learned activities and push our senses to the maximum to check for illegal BAC levels.
While field sobriety testing helps officers make quicker judgments on the drunken condition of a stopped driver, it isn’t always reliable as the participant’s regular ability to stand could already have a pre-existing health condition interfering.
The second most common test a police officer will ask a suspect to perform is the one leg stand test. Execution of this activity is straightforward and only requires the officer to have the suspect raise his leg and keep it up for thirty seconds. This may sound like a simple exercise, but in reality, it is not.
According to the National Highway Traffic Safety Administration Manual, the police officer should initiate the test by giving the following visual demonstration along with clear, verbal instructions:
The following verbal instructions accompany those demonstrations:
When the driver performs the one leg stand, the police officer should time it for thirty seconds. If the suspect puts the foot down, the patrolman should give instructions to pick the foot up again and continue counting from the point at which the foot touched the ground. If the suspect counts, terminate the test after thirty seconds.
The police officer should conduct the test on a level, dry and non-slippery surface. A suspect’s age of 65 years or older, weight of 50 pounds or more overweight, and if the individual has a leg, back, and/or middle ear problem, need consideration since these factors make the performance of the test more difficult.
As the suspect completes this sobriety field test, the NHTSA trained officer will look for the following evidence of impairment:
If the policeman witnesses two or more of these reactions, he may determine the likelihood that the defendant is under the influence of alcohol.
Even if you failed your one-leg stand test during your DUI stop, you may still have a viable defense against the officer’s findings of impairment. Your attorney will consider these questions when determining how to best defend your case:
DUI offenses come with heavy penalties in Florida as the state takes this type of reckless behavior seriously. This is why it’s imperative that you consult with an attorney before trying to represent yourself or simply accept whatever punishment the court wants to impose. Your future and freedom are at stake, so don’t take any chances and get a lawyer right away.
Hiring an experienced drunk driving lawyer is imperative to point out the flaws, if any, of the police officer’s handling of the instructions and demonstration stage of the one-leg stand test. Furthermore, counsel can provide a defense if the defendant should have any other problems or conditions stated above such as age, medical condition, ear problems, and/or balance problems.
At The Umansky Law Firm, our lawyers have more than 100 years of combined experience defending people who face DUI charges in Orlando and Central Florida. Our lawyers thoroughly investigate each case to construct solid arguments that protect their clients and achieve desired case results. Our recognized team of Super Lawyers aggressively challenge these types of unreliable field sobriety tests that ruin the lives of thousands every year. Receive a free consultation at any time by contacting us online or calling our office.
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