| Officers have several tests that they use in order to determine sobriety. Some of these, such as the Walk and Turn test are used in some of the officer’s first interactions with a driver they suspect of DUI. Police departments do try to make these tests uniform and reliable so that they will be admissible in court. The National Highway Transportation Safety Administration has given instructions on how the Walk and Turn test should be administered and scored. The following are their instructions for giving a reliable test. Bear in mind that these are not laws or statutes that police are required to follow exactly, but it is the opinion of a very reputable government administration who has offered these guidelines. Officers across the country are trained based on these guidelines. They are used in training manuals and guidebooks and are often referred to in court as evidence for or against a valid test. Now for the guidelines from NHTS:
Provide each DUI suspect this precise instruction: PLACE YOUR LEFT FOOT ON THE LINE AND THEN YOUR RIGHT FOOT IN FRONT OF IT LIKE THIS. (Demonstrate heel-to-toe position). When the DUI suspect takes this position, continue with the instructions. ONCE I TELL YOU TO BEGIN, TAKE NINE HEEL-TO-TOE STEPS DOWN THE LINE, TURN AROUND, AND TAKE NINE HEEL-TO-TOE STEPS BACK. TURN BY KEEPING ONE FOOT ON THE LINE AND THEN USE YOUR OTHER FOOT TO TURN...LIKE THIS. Demonstrate by taking three or four heel-to-toe steps-then turning around by pivoting your left foot on the line and taking four steps with your right foot, as shown-then resuming the heel-to-toe position. Note that this is a very easy way to turn, but the suspect must follow the instructions. KEEP YOUR HANDS AT YOUR SIDES, WATCH YOUR FEET AT ALL TIMES, AND COUNT YOUR STEPS ALOUD. DO YOU UNDERSTAND? Don't continue until the DUI suspect indicates he/she understands, but at the same time do not repeat the whole set of instructions. You may repeat part of the instructions or answer the DUI suspect's questions about how to perform the test. If the DUI suspect does not watch his feet, remind him. (Once the suspect indicates understanding, say…) BEGIN AND COUNT YOUR FIRST STEP FROM THE HEEL-TO-TOE POSITION AS "ONE."
How to Score The Test: 1. Cannot keep balance while listening to the instructions. Two tasks are required at the beginning of this test. The suspect must balance heel-to-toe on the line and, at the same time, listen carefully to the instructions. Typically, the person who is intoxicated can do only one of these things. He may listen to the instructions, but not keep his balance. Score this item if the suspect does not maintain the heel-to-toe position throughout the instructions. Do not score this item if the suspect sways or uses his arms to balance but maintains the heel-to-toe position. Should the DUI suspect have difficulty with this test, (for example, if he steps of the line) have him repeat the test from the point of difficulty, not from the very beginning. This test tends to lose its sensitivity if it is repeated several times. Observe the DUI suspect from three or four feet away and remain motionless while he performs the test. Being too close or excessive motion on your part will make it more difficult for the suspect to perform, even if he is sober. If the DUI suspect scores two or more points on this test, classify his BAC as above 0.10 percent. Using this field sobriety test, you will be able to correctly classify about 68 percent of your suspects with respect to whether they are drunk driving. Your decision point on the Walk-and-Turn Test is two clues.
Test Conditions for the DUI Walk and Turn This field sobriety test should be given on level ground, on a hard, dry, non-slippery surface, and under conditions in which the DUI suspect would not be in danger of falling. Require him to perform the test elsewhere, or confine your decision to the results of the Gaze Nystagmus Test if these conditions cannot be met. Some people have difficulty with balance even when sober. People more than 60 years of age, more than 50 pounds, overweight, or with physical impairments that affect their ability to balance should not be given this field sobriety test. Individuals wearing heels more than two inches high should be given the opportunity to remove their shoes. The Walk-and-Turn Test requires a line that the suspect can see. If a natural line is no present, draw one in the dirt with a stick or on the sidewalk with chalk. Walking parallel to a curb is also adequate. The DUI suspect must be able to see to perform this test. That is, his eyes must be open, and a nighttime adequate lighting must be available. If you can see the suspect clearly, then the lighting is adequate; otherwise, use a flashlight to illuminate the line. Requesting that the suspect watch his feet makes the test more difficult for the intoxicated person. Be sure that the suspect is doing so, or make an immediate correction. Individuals who cannot see out of one eye may also have trouble with this test because of poor depth perception. Walk-and-Turn Test Scoring Sheet Review with your Baltimore DUI Lawyer whether this test was administered and whether it was administered correctly. |
