Website Created by
San Diego DUI Lawyer G. Cole Casey
AN EXCLUSIVE DRUNK DRIVING DEFENSE FIRM

I n order to perform the One Leg Stand test, it must be performed on a hard, dry, level, non-slippery surface. Conditions must be such that the DUI suspect would be in no danger if he or she were to fall. Certain wind or weather conditions obviously may interfere with and affect the validity of this test. This test should not be given to persons who are more than sixty-five years of age, more than fifty pounds overweight, or those individual who have physical impairments that interfere with balance and coordination. Individuals wearing heels more than two inches high should be given the opportunity to remove their shoes prior to performing the test, as this may diminish the reliability of the test's results. San Diego Police Officers are trained administer the Walk and Turn test in the absence of adequate lighting in the area where it is to be conducted. In total darkness, even the average, sober person may have difficulty with this test, due to diminishment of their visual frame of reference.

It is imperative that the police officer observe the DUI suspect from at least three feet away, and remain as motionless as possible while the suspected drunk driver is performing the test. If this is not done, it may interfere with the test and ultimately affect the results and validity. In the administration of this DUI test in San Diego, there are two separate stages involved. The first phase is also called the "Instruction" Stage. The test is initiated by giving verbal instructions, followed by and accompanied by physical and actual demonstrations of those instructions by the police officer conducting the drunk driving evaluation. San Deigo Police Officers are trained to advise the DUI suspect to stand with their heels together and arms down at their sides. The police officer must demonstrate this. The San Diego Police Officer must also inform the DUI suspect not to start the test until instructed to do so, and must receive an indication from the suspected drunk driver that they understand the instructions so far and to document the suspect's acknowledgement. There are no scoring factors involved until the drunk driving suspect is into the next stage, called the Balance and Counting Stage, unless the suspect cannot perform the One Leg Stand test at all. This would give the DUI suspect a maximum score of four points and would necessitate explanation on the part of the police officer. In the second stage of the One Leg Stand test, the "Balance and Counting" Stage, the police officer is required to explain the sobriety test requirements further by instructing the suspected drunk driver to stand on one leg, holding the other foot in front, while the officer demonstrates a like position.

The DUI suspect should be allowed to stand on either leg that they prefer. The suspect is instructed to keep the raised foot about six inches above the ground. The police officer demonstrates the stance and should advise the suspected drunk driver if his or her foot is not raised to officer's satisfaction. The suspected drunk driver is further instructed that while they are in a standing position, they are to count out loud for a duration of 30 seconds, and the police officer will demonstrate the count as "one-one thousandth, "two-one thousandth, etc., all the way to thirty-one thousandth. The DUI suspect is directed to look down at their foot while counting, and throughout the duration of the entire test, while keeping their arms at their sides at all times. They are told to refrain from hopping or swaying while standing. The suspected drunk driver must again acknowledge that they understand the instructions to retain validity of the One Leg Stand test. The test is then commenced.

A DUI suspect may be scored a point for the following reasons.

   DUI suspect sways while balancing. San Diego Police Officers are trained to not be too critical in this scoring as the suspect drunk driver is a living, breathing, person, and some sway will be noticed as a result of natural human tendency. The swaying that can be scored is a marked sway, such as a back-and-forth motion while the drunk driving suspect maintains the one-leg-stand position. Ask yourself this: is it easier to balance yourself on one foot or two?

   The DUI suspect uses their arms for balance in respect to having their arms six or more inches from the side of their body. Again, it must be taken into account by the enforcing police officer, the distance from the body that the suspect might normally start with, such as in the case of bodybuilders. If the DUI suspect puts their foot down, regardless of how many times, they are only given one point on this scoring factor. The suspected drunk driver should be allowed to continue from the point of difficulty as this field sobriety test may lose sensitivity if repeated several times. The DUI suspect has been instructed to keep watching their raised foot and to count out loud, but if they do not follow either of these instructions, they are not scored any points, as it is not a part of any scoring factor on the test. Ask yourself this: why does a circus tightrope walker use that long pole? It is to allow themself to displace his or her weight over a larger area to facilitate balancing themself in an unnatural position If the drunk driving suspect counts too slowly, it is imperative that the police officer stop the test after thirty seconds have elapsed, as this may affect the scoring and validity of the test for determining the suspect's sobriety or intoxication. San Diego Police Officers are trained to time the One Leg Stand test to a total duration of thirty seconds. If the suspect counts too quicly, the policer officer is instructed to slow them down in their counting.

   The last scoring factor in the One Leg Stand test is to instruct the DUI suspect to hop on one foot. This portion of the test is scored only if the DUI suspect resorts to hopping on the anchor foot in order to maintain their balance. It should not be scored if the suspect is having difficulty by moving the anchor foot back and forth. The police officer is supposed to be able to distinguish this as part of their sobriety field test training, and to allow the suspected drunk driver this benefit of the doubt. Ask yourself this: when you feel you are about to fall, do you reflexively begin to hop to prevent yourself from falling?

Scoring the One Leg Stand Test. The DUI suspect can receive a maximum score on the One Leg Stand test in two ways. This will happen if the suspect puts their foot down three or more times during the thirty second count, or otherwise demonstrates that they are incapable of performing the test. The police officer must be able to articulate why they felt the defendant could not perform this test. There is a 65% degree of reliability attached to the One Leg Stand test if it is demonstrated, administered, and scored properly. San diego Police Officers are trained to use this as probable cause to arrest the suspect for drunk driving.

For purposes of the DUI arrest report and courtroom testimony, San Diego Police Officers are trained that it is not simply enough to report the DUI suspect's "score" on the three tests. The numeric scores are only important to the police officer in the field to determine probable cause that the suspect is drunk. It is insufficient evidence to secure a conviction, and must be accompanied by more descriptive facts and proof. san Diego Police Officers are trained that they must be able to describe how the suspected drunk driver performed the tests, and exactly what the suspect did when he or she performed the test, as well as when these clues occurred. The field sobriety testing manual provided to San Diego Police Officers has a standard note-taking guide which should be utilized to assist the officer and prove the case of DUI.