| Officers have several tests that they use in order to determine sobriety. Some of these, such as the One Leg Stand 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 (NHTS) has given instructions on how the One Leg Stand 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 the DUI suspect the exact instructions listed below: 1. STAND WITH YOUR HEELS TOGETHER AND YOUR ARM DOWN AT YOUR SIDES LIKE THIS (Demonstrate how you want the suspect to stand). (At the end of the count or after about 30 seconds, if the count is slow, tell the person to put his foot down-if necessary.) Research has found that the behaviors listed below are most likely to be observed in someone with a BAC of 0.10 percent or higher. In scoring this test, give only one point for each item observed, even if it is observed more than once. The maximum possible score on this test is five points. Remember that time is critical in this test. Research has shown that a person with a BAC of 0.10 percent can maintain his balance for up to 25 seconds, but seldom as long as 30. If the person stopped for DUI scores two or more points on the One-Leg-Stand, there is a good chance his BAC is 0.10 percent or higher. So your decision point on this test is two. Using that standard, you will correctly classify about 65 percent of the people you test as to whether they are sober or drunk driving.
Test Conditions for The One Leg Stand As with the Walk-and-Turn Test, the One-Leg-Stand 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 she fall. If these guidelines cannot be followed at the place where you stop the driver, you may be able to move to a better location. If not, base your decision on the Gaze Nystagmus Test alone. Certain individuals are likely to have trouble with this test even when sober. People over 60 years of age often have very poor balance. (Since very few elderly people are stopped at roadside, specific guidelines have not been established for them on this test). This also applies to people who are more than 50 or more pounds overweight and to those with physical impairments that interferes with balance. In administering this field sobriety test, make certain the DUI suspect's eyes are open and that adequate lighting exists. If you can see the suspect fairly well, then the light is adequate. Otherwise, use a flashlight to illuminate the ground. In total darkness, the one leg-stand is difficult even for a sober person. Observe the suspect from about three feet away and remain relatively motionless while he is performing the test. Being too close just as in the Walk-and-Turn Test makes the test more difficult. And, again, individuals with heels over two inches high should be given the opportunity to remove their shoes. If the suspect puts his foot down, instruct him to continue to count from the point at which the foot touched the ground. And if the person counts very slowly, stop the test after 30 seconds have elapsed. Cannot do test (puts foot down three or more times). It is important to discuss with your Baltimore DUI Lawyer which field sobriety tests you took, how you did, and whether the arresting officer administered the test correctly. |
