Georgia One Leg Stand Test
Let your DUI defense attorney take a stand against this field sobriety test.
The third type of standardized field sobriety test recognized by the National Highway Traffic and Safety Administration is the One Leg Stand. While this field sobriety test is sanctioned by the NHTSA, this test can be unreliable for many different reasons. Since law enforcement officers administer the One Leg Stand test, the burden of responsibility is in their hands. They have a specific protocol that they must follow when administering the One Leg Stand test. If they fail to follow their guidelines, or if they make a mistake, this may be grounds for your test results to be thrown out of court.
Similar to the Walk and Turn test, the One Leg Stand must also be performed on a flat, hard, dry and non-slippery surface. Since this is a road-side test, the officer must make reasonable accommodations to ensure that there is enough light and that you are not in danger if you were to fall. If it’s raining hard or if it’s windy and storming, these are not satisfactory conditions to test you in.
Prior to asking you to take the test, the officer must make sure that you do not have any physical limitations (i.e.: you have a wooden leg or have knee, leg or foot problems). If you are over 65 or more than 50 pounds overweight, you should not perform the One Leg Stand test. Also, if you are wearing heels more than two inches high, you should remove them because this can affect your ability to balance.
Once the officer determines that you are able to perform the test, he or she must demonstrate and instruct you on how to complete the test. If the officer does not stand at least three feet away and remain as still as possible, this could distract you and cause you to fail the test. The goal of this test is to observe your ability to maintain balance while raising one leg six inches off the ground. You cannot put your foot down, stop during the test or stop counting to 30 or you fail the test. Since alcohol affects motor skills such as balancing, an officer can “infer” that you are driving under the influence.
If you have failed the One Leg Stand, immediately contact a DUI defense attorney at HTW&W to fight your test results.
