Everett Lynnwood Snohomish County DUI Attorney: One Leg Stand Test
The field sobriety tests are a critical component to the DUI arrest and investigation process. The following information is an excerpt from the upcoming book, "The DUI Handbook for the Accused, Vol. II." This valuable book is due out in March, 2011 and is the most thorough and complete DUI resource for the accused in the United States. Please check back for an announcment as to its availability. It will be avialble in over 100 online bookstores in including amazon.com and barnesandnoble.com.
One Leg Stand
The one leg stand test, like the walk and turn field sobriety test, is a divided attention test that is designed to determine the subject's balance, listening skills, and ability to follow instructions. In this test the participant is required to stand on one leg while the other leg is extended in front of the person in a "stiff-leg" manner. This extended foot is to be held approximately six inches above and parallel with the ground. While this is occuring the person is instructed to stare at the elevated foot and count aloud until told to stop, by counting "one thousand and one, one thousand and two, one thousand and three," and so on.
Also like the walk and turn test this test requires a "reasonably dry, hard, level, and non-slippery surface." DWI Detection and Standardized Field Sobriety Testing, Student Manual. NHTSA; U.S. Department of Transportation. HS 178 R2/00, Page VIII-12 (2000) Further, the officer has knowledge that original research indicated that individuals over the age of 65, and those with back, leg or middle ear problems had difficulty performing the test. Subjects wearing heels more than 2 inches high should be given the opportunity to remove their shoes. Id.
Administrative Procecures
Per NHTSA, the officer is instructed to give the test as follows:
•Tell suspects to stand with feet together and arms down at the sides.
•Tell suspects to maintain that position while you give the instructions; emphasize that they should not try to perform the test until you say to "begin."
•Ask suspects if they understand.
•Tell suspects that when you say to "begin" they must raise their leg in a stiff-leg manner, and hold the foot approximately six inches off the ground, with the toe pointed forward so that the foot is parallel with the ground.
•Demonstrate the proper one-legged stance.
•Tell suspects that they must keep the arms at the sides and must keep looking directly at the elevated foot, while counting in the following fashion: "one thousand and one, one thousand and two, one thousand and three," and so on until told to stop.
•Ask the suspect if he or she understands.
•Tell the suspect to "begin."
The officer is also given the following instruction:
•It is important that this test last for thirty seconds. You must keep track of the time. If the suspect counts slowly, you will tell him or her to stop when thirty actual seconds have gone by, even if, for example, the suspect has only counted to "one thousand and twenty."
Test Interpretation
The One Leg Stand has four clues of impairment:
•Sways while balancing (side to side or back to front).
•Uses arms to balance (i.e., more than 6 inches).
•Hopping.
•Puts foot down.
Two or more clues classify the subject as a 65% chance of being over a 0.10% BAC. [NHTSA, U.S. Department of Transportation, HS 178 R2/06, DWI Detection and Standardized Field Sobriety Testing, Student Manual (2006), p. VIII-12-13]
For information on your Anacortes DUI and Skagit County DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Skagit County DUI attorneys, Mt Vernon DUI attorneys, Everett DUI attorneys, Lynnwood DUI attorneys, Mukilteo DUI attorneys, Bothell DUI Attorneys, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
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