Field Administration of the One-Leg Stand Test
For the results of a field sobriety test to be admissible in a DUI prosecution, the test itself must be administered properly. If it is not, your Orange County DUI attorney may be able to exclude any evidence gathered as a result of the test.
The one-leg stand consists of:
1. Standing on one foot with the other foot six inches off the ground.
2. Counting aloud (i.e. one thousand and one, one thousand and two, etc.) at the same time until told to stop.
3. There is to be a 30 second maximum time for the duration of the test.
Although this seems fairly straightforward, police officers are given specific training in the manner in which they are to administer the test.
If you are asked to perform a one-leg stand test, you must be told all of the following instructions:
1. Stand feet together with arms at your side
2. Stay in that position as you receive further instructions
3. Do not begin the test until the officer says, “Begin”
4. Once you hear “Begin,” raise one leg six inches off the ground in a stiff-leg manner. Point your toe forward so your foot is parallel to the ground.
5. (The officer must demonstrate the procedure in the proper manner.)
6. Keep your arms at your sides and look at the elevated toe and count as mentioned above until told to stop.
7. You will be asked if you understand and then told to begin.
Evidence gathered in a field sobriety test is used by the courts to determine if there was probable cause for your arrest. Providing your Orange County DUI attorney with all the facts and details of your arrest will increase your chances for a positive resolution in your case. If you are not already represented by an attorney, please contact Mike Coffey for a free evaluation of your case.