The One Leg Stand (“WAT”) is 1 of 3 field sobriety tests that have been approved by the National Highway Transportation Safety Administration (“NHTSA”). The first test given is the Horizontal Gaze Nystagmus. The last two Utah field sobriety tests are the One Leg Stand and Walk and Turn.
The Walk and Turn and the One Leg Stand are divided into two phases. Instructions phase and Balance and Counting phase. The Walk and Turn and One Leg Stand are divided attention testing where both mental and physical taskings are instructed at the same time.
Test Conditions: One Leg Stand requires a reasonably dry, hard, level, and non-slippery surface. Subject’s safety should be considered at all times.
“Please stand with your feet together and your arms down at the sides, like this.
Do not start to perform the test until I tell you to do so.
Do you understand the instructions so far?
The officer then demonstrates the One Leg Stand.
See DWI Detection and Standardized Field Sobriety Testing—Participant Manual. Page 362/598.
When I tell you to start, raise either leg with the foot approximately six inches off the ground,
keeping your foot parallel to the ground.
Keep both legs straight and your arms at your side.
While holding that position, count out loud in the following manner: “one thousand one, one
thousand two, one thousand three,” and so on until told to stop.
Keep your arms at your sides at all times and keep watching the raised foot.
Do you understand?
Go ahead and perform the test. (Officer should always time the 30 seconds. Test should be
discontinued after 30 seconds.)”
Clue 1. The subject’s body sways while balancing. This refers to side-to-side or back and forth motion of the upper and lower torso, or a swaying motion of the foot, while the subject maintains the One Leg Stand position.
NOT A CLUE. Slight tremors of the foot or body should not be interpreted as swaying.
Clue 2. Use arms for balance – DUI suspect moves arms 6 or more inches from the side of the body in order to keep balance.
Clue 3. Hopping – Subject is able to keep one foot off the ground, but resorts to hopping in order to maintain balance.
Clue 4. Puts foot down – The subject is not able to maintain the OLS position, putting the foot down one or more times during the 30 second count.
2 Plus Clues == Fail of One Leg Stand. 2 or more clues on the One Leg Stand, combined with other field sobriety testing, can result in you being arrested for driving under the influence.
(1). Medical. Orthopedic leg injuries or other bone muscle injuries will hamper the reliability of the One Leg Stand test. You should provide your attorney with medical record documentation regarding your injuries to contest the One Leg Stand’s test results.
(2). Use of Arms for Balance. For many people, using their arms to balance is an everyday movement. Locking a person in, and eliminating natural arm movement for balance is counter intuitive, especially for older people impaired with physical injuries.
If the DUI suspect has a larger upper body, musculature will cause his arms to flair more than the ordinary, non-athletic individual.
One Leg Stand clue occurs when a DUI suspect’s arms raise greater than 6 inches from their waist. Officers are estimating on close calls, they do not have a mechanical measuring device capable of exact measurement. Calling into question the 6 inch rule.
(3). Ground Conditions. Ground conditions are always reviewed. Unstable, gravel does not help a person complete the One Leg Stand.
(4). Clothing and Shoes. Women’s tight clothing inhibits walking and turning. High heels shoes should be taken off prior to testing. Belts, pants, skirts all can impair the reliability of the One Leg Stand test results.
The 3 standardized field sobriety tests are the horizontal gaze nystagmus, One Leg Stand and Walk and Turn. There are other tests Utah law enforcement officers use to investigate driving under the influence cases which are:
Touching Fingertips.
Touching nose.
Backflips.
Riding a unicycle uphill.
As you can see, the standard field sobriety tests are difficult in themselves for many people causing false positives to occur. Non-standard field sobriety testing are often less reliable.
UTAH DUI DEFNSE ATTORNEY JAKE GUNTER—(801) 373-6345. FREE CONSULTATIONS. FLEXIBLE PAYMENT PLANS. HAS YOUR ATTORNEY READ THE DWI DETECTION AND FIELD SOBRIETY TESTING MANUAL THAT THE POLICE USE?