If you were pulled over for a suspected DUI, you were likely asked to, among other tests, stand on one leg as part of the field sobriety test conducted by the officer. In order for the test to be considered reliable and good evidence in court, the officer must perform the test according to the standards outlined by the appropriate agency. The following video provides an example of how the one legged stand is supposed to be conducted by law enforcement.
As you can see from the video, the officer is supposed to demonstrate how the test is to be properly conducted. You are suppose to raise your foot 6 inches from the ground, keeping your arms down to the side, pointing your toe, and count off using the thousands count until the officer tells you to stop.
Issues Regarding Credibility of One Legged Stand Test
There are many issues which may call the credibility of the One Legged Stand Test into question. One common scenario is when the person taking the test suffers from a physical ailment which may prevent them from performing the test such as a knee replacement, sprained ankle, or other injury to the legs or feet. Another issue which may arise involves the environment in which the test is conducted. If the person is asked to perform the test on a surface which is not flat or is otherwise comprised, this can call into question the validity. Also, the weather may make it difficult for an individual to perform the test. Particularly if it is windy outside, a person who is not intoxicated may have trouble keeping balance. For these and other reasons, it is important to consult with a lawyer to discuss the particular facts of your case and review how this particular field sobriety test was conducted in your case. Our attorneys practice in DUI defense in Utah and will provide you with a free consultation to review the field sobriety tests and other evidence in your case.
