One Leg Stand

One Leg Stand

A test that officers almost always use when they try to find probable cause to arrest someone for DUI is the One Leg Stand. This test asks someone count out loud while doing a one leg stand.

The National Traffic Safety Administration claims that the one leg stand is a field sobriety test which can be used by law enforcement to help them figure out if a person is intoxicated.

The National Traffic Safety Administration claims that when this one leg stand test is properly used, a subject will go through two phases. There is the instruction stage. This is where the officer is closely paying attention to how you act while you are being given instructions to complete the test. The officer should tell you that you need to stand with your feet together and your arms at your side while he explains the test to you. If you fail to do this, it will be held against you. The next part of the one leg test is the balance and counting stage. During this part of the test, the officer will tell you to raise either foot six inches off the ground. The subject gets to pick which foot they will use. While keeping your foot six inches off the ground and keeping your foot parallel to the ground, you will be asked to count. You will be instructed to count until the officer tells you to stop.

A lot of police officers are not trained well enough to administer this test. A lot of people who are doing this one leg stand are told to count out loud till they reach thirty. This test isn’t very reliable though if the person who is doing the one leg stand doesn’t perform this task for exactly 30 seconds.

The officer is looking for four clues while this test is being given. 1. Does the subject sway? 2. Did the subject use their arms to balance?  3. Does the subject hop? 4. Does the subject put their foot down? If the officer sees two or more clues while administering this test, or if the subject was unable to complete the test, there is a 65{72c201b10caf48e1427685e5c6dce056e89c6131744e62ab887ed1a20a3731bc} chance a person’s blood alcohol content is over .10.

If you are anyone you know has been arrested for a dui call Shawn today at 616-438-6719. Shawn knows how to get results!

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By |2018-03-29T21:10:46+00:00March 29th, 2018|Criminal Defense Blog|0 Comments

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