Challenging the one leg stand test

Challenging the Validity of the One Leg Stand Test

When it comes to field sobriety tests, the one leg stand test is a staple element. Here is how this test is defined by the National Highway Traffic and Safety Administration:

“The Walk-and-Turn test and One-Leg Stand test are “divided attention” tests that are easily performed by most unimpaired people. They require a suspect to listen to and follow instructions while performing simple physical movements. Impaired persons have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises.”

How This Test Is Administered and Scored

For this particular test, a police officer instructs a motorist to stand with one foot lifted roughly six inches from the ground and to count aloud until they are instructed to put their foot down. Police officers are trained to have a motorist maintain this position for a minimum of 30 seconds, while ascertaining whether or not signs of impairment are present. Here are just a few of the signs officers look for:

§  Swaying while trying to maintain balance

§  Moving their arms more than 6 inches from the body in order to maintain balance

§  Hopping in order to maintain their balance

§  Placing the elevated foot down on the ground

§  Inability to perform the test

Research published by the NHTSA has stated that approximately 83% of motorists who display two or more indicators on their test performance will have a blood alcohol content of .08% or higher.

Obviously, even as the National Highway Traffic and Safety Administration explains it, the one leg stand test is designed to determine whether or not an individual can follow multi task instructions; however, even the most adept subjects, when placed in an uncomfortable and stressful situation, are going to find that their performance is affected. Moreover, there are many people who suffer from poor coordination, regardless of whether or not alcohol is present in their system. Whether police officers are testing a motorist’s coordination, ability to follow instructions, or actual sobriety is unclear.

Challenging the One Leg Stand Test Results

A professional New Hampshire DWI attorney will challenge the results of the one leg stand test and other standard field sobriety tests. Even the most well-coordinated defendant will be caught off guard and unnerved by ensuing anxiety and the simple fact that they are standing on the side of a dark highway, attempting to balance on one leg, with multiple vehicles whizzing by them – not to mention the additional pressures of having a law enforcement official observing their every move.

For most people, is it not a natural reaction to place their arms out for balance? The results of this type of test are simply too dependent upon each individual’s unique sense of balance, physical abilities, and their ability to perform under duress.

Often times, simply by highlighting specific facts regarding field sobriety tests in regards to particular cases, NH DWI lawyers are able to persuade a New Hampshire court to exclude certain evidence or to allot less weight towards the test results than what they would normally be given. Such challenges assist the court in determining that the state has not met its “evidentiary burden”. Consequently, a defendant is found not guilty.